Dispute – UDRP complaint
As intellectual property attorneys, we can also help you in recovering a domain name that might have been reserved by an unauthorised third party.
The UDRP (Uniform Domain-Name Dispute Resolution Policy) procedure is an extrajudicial process that was designed for this purpose.
It is a dispute resolution system offered by the Arbitration and Mediation Centre of the WIPO in Geneva.
It concerns generic top-level domain names such as .com .net .org, etc. (called gTLD) and the second-level domain names for the following gTLD: .aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and .travel. The UDRP principles also apply to new gTLD.
The conditions for filing a complaint according to the UDRP principles are quite strict. Also, the advice and assistance of experts such as the legal practitioners of BRANDON IP are essential to first examine the different components of each case and to estimate the chances of success of such a complaint, and then for creating a well-argued file.
There are three cumulative conditions that must all be met by the applicant:
- He/she must be the rights holder for an identical or similar trademark and there must be a risk of confusion with the domain name that was requested to be recovered
- He/she must prove that the current owner has no legitimate interest in owning the domain name
- He/she must provide proof that the domain name was registered and used in bad faith.
The difficulty often lies in the cumulative nature of the demonstration and the evidence of bad faith.
Regarding the procedure itself, it has a definite benefit when compared to a lawsuit: it is faster, less expensive, and is managed by experts in the field, which limits the vagaries of the final decision.
We assist you all the way from evaluating the chances of success and the collection of evidence that is essential for this procedure.