.com, .edu, .areo, .biz, .org, .jobs, .mobi, .museum, .net, .tel, .travel, .info, .coop

The Uniform Dispute Resolution Policy (UDRP) remedies a domain dispute with two options.

• The First option is the arbitration by any ICANN approved arbitrator.
• The second option is approaching of the Jurisdictional Civil Court, which is capable of deciding the issue involving trademarks.

This page would enumerate on the legal options provided by the UDRP for litigation the issue before a civil court.

Article 4(k) of the UDRP specifically provides that the mandatory administrative proceedings shall not prevent either the third party complainant or the domain name registrant from submitting the dispute to a court of competent jurisdiction for independent decision. The court may be approached before institution of the UDRP complaint or after such proceeding has concluded.

If an administrative arbitration panel decides that the domain name has to be either transferred or cancelled, the domain name Registrar would wait for 10 working days for implementing the decision from the date of being informed about the same. During that time, the aggrieved party is free to approach a jurisdictional civil court and proceed against the other party. If the party approaching the court submits to the domain name registrar an authentic document, which demonstrate an action is initiated relating to the subject matter of the this domain name, the decision of the administrative panel would be kept pending. However, the authentic document has to reach the domain name registrar within a period of 10 working days.

If such document as described above reaches the domain name registrar within 10 working days, the registrar would not implement the decision of the Administrative Panel and would take no further action until the domain name registrar receives either of these:

(a) satisfactory evidence that the dispute has been resolved by the parties

(b) satisfactory evidence that the impugned lawsuit has been dismissed or withdrawn

(c)  copy of the an order form such court dismissing the lawsuit or ordering that the plaintiff does not have the right to use the domain name

Article 5 of the UDRP states that all disputes between the domain name registrant and party who is privy to the UDRP regarding the domain name registration that not been instituted in accordance to the mandatory proceeding mentioned in the UDRP shall be resolved by means of any court action, arbitration or other proceedings that are available.

For example, this clause would be applicable in cases of joint venture to perform any business over the Internet through a domain name. Where any dispute arises over the continuance of the business and is taken to the court/arbitration, then it shall be resolved through such court or arbitration.

The domain name registrant would not be entitled to transfer holding of the domain name to anyone or change the registrar during a pending administrative proceeding.

The experienced legal brains at Domain Name Dispute India specialize in representing the affected parties at litigations relating to domain names or any intellectual property in India. Mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it for understanding how we can help you.