The UDRP (Uniform Dispute Resolution Policy) provides for the settlement of Domain Name Disputes through Alternate Dispute Resolution mechanism. For registration of a gTLD (Generic Top Level Domain) domain name, the domain name registrant has to agree to the terms of the UDRP. The UDRP is an agreement entered between the domain name registrant and the ICANN approved registrar.

As per the UDRP, every domain name registrant agrees to submit himself to a mandatory administrative proceeding for the disputes, which are of the following nature:

          (i)            The impugned domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

          (ii)          The domain name registrant has no rights or legitimate interests in respect of the domain name; and

          (iii)         The domain name has been registered and is being used in bad faith.

Any third party asserting rights over a domain name, would be required to submit a complaint in the prescribed format to any ICANN approved registrar for the settling the claims arising out of the same. The complainant and the domain name registrants are required to submit appropriate evidences supporting the claim as per the requirements of the UDRP.

If the claim made by the third party complainant turns out to be successful, the domain name may be cancelled, suspended or transferred in favor of the complainant. Where the claim of the third party complainant fails to succeed, the domain name shall continue to be held by the domain name registrant.

The verdict of the arbitration does not, however, preclude any party to approach a Jurisdictional civil court for exercise of his rights. The approaching of the Jurisdictional Civil Court would not be by way of appeal and the Court would not consider the decision of the matter by Administrative Panel of Arbitrators.

The resolution of the dispute through the administrative panel provides a cost effective and time sensitive mechanism for settlement of the domain name disputes. The administrative panel may consist of either a single or three arbitrators. The process before the UDRP administrative panel is relatively simpler and has less complicated procedures which would yield justice when support by legal experts in domain name law.

Scope of the Arbitrator

The important factor that has to be identified at the earliest point of time, even before the approaching the arbitration forum is the legal strategy. The arbitration panel has a limited scope of inquiry as provided in the UDRP. The arbitration panel would not in most cases travel beyond what is prescribed to be their limits. In such a scenario, it has to be ascertained by an expert legal mind whether the dispute of the complainant would fall within the ambit of the arbitrator’s scope. Where it is beyond scope, then it is recommended that the complainant approaches the jurisdictional civil court.

No Personal Hearing

Also, There shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint. Therefore, it is important that complaints are self-sufficient and would be able to convince the panel. This signifies the importance of an experienced hand in the field.

Domain Name Disputes India represents the complainants and domain name registrants in asserting their legal stand before the ICANN approved arbitrator. Our role commences even at the time of ascertaining the right forum for resolving of the domain name disputes. Our experience and knowledge in the field of domain name disputes would impel systemic working from our skilled team for the best result for any given dispute.

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