Uniform Dispute Resolution Policy

Domain names may have valuable intangible assets even when they do not function as trademarks or services. It is generally recognized and accepted that domain names both provide a friendly address to reach computer systems. Domain names however can conflict with trademarks by causing deception, confusion or dilution when a point is reinforced by several court rulings during the 1990s.

Today in United States of America (USA), a trademarks or service mark owner that believe its mark is being improperly used by another party (as the called as a cybersquartter) as part of a Internet domain name has three recourses: to proceed under the out-of-court Uniform Domain Name Dispute Resolution Policy ("UDRP") procedure; to file suit for state or federal trademarks infringement; or to bring a federal action under the Anti-Cybersquatter Consumer Protection Act.

Implemented by the Internet Corporation for Assigned Names and Number ("ICANN") on January 3, 2000, the UDRP appears to be a success based on result over the last two years. The UDRP make have provided an efficient method for fairly resolving domain name disputes at a relatively low cost, compare with the US court. The purposes of this paper is to give valuable information regarding UDRP Procedures; what are the different with the Anti-Cybersquatter Consumer Protection Act, and to discuss what is a type  of dispute resolution in UDRP?

Uniform Dispute Resolution Policy (UDRP)

Uniform Dispute Resolution Policy is devided into 3 sections:

1. Applicable Dispute

The UDRP provides an efficient and effective administrative proceeding for the resolution of domain name disputes names. The UDRP proceeding is initiated when a trademark owner files a complaint with an ICANN-approved dispute resolution service provider.

there are curently four ICANN-approved dispute resolution service providers, the National Arbitration Foundation ("NAF"), CPR Institute for Dispute Resolution ("CPR"), Asian Domain Name Dispute Resolution Centre ("ADNRC") and the World Intellectual Property Organization ("WIPO"). The Complaint, who also typically pays the service provider's fees, usually selects the dispute resolution service provider. The only remedies available to the Complaint are the cancellation or transfer of the domain name registration.

If a Complaint  is field against a domain name owner (Respondent), the owner is required to submit  to these proceedings under the terms of its domain name registratation agreement. Complaint and Respondents may alternatively choose to settle their disputes by mutual agreement, arbitration, or through court proceeding. The UDRP requires that most trademark-based domain name disputes be resolved by one of these methods before a registrar will cancel, suspend, or transfer a domain name. The UDRP is followed by all registrars in the <.biz>, <.com>, <.info>, <.name>, <.net>, and <.org> top-level domains.

Under the UDRP, domain name owners are required to submit to mandotary administrative proceedings if a third party claims that.
(1) the domain name is confusingly similar or identical to its trademark or service mark;
(2) the owner has no rights or legitimate interests in the domain name; and,
(3) the domain name was registered and is being used in bad faith.

The complainant is required to prove that each of these elements is present in order to prevail. Accused domain name owners/respondent can demonstrate their right and legitimate interests by providing evidence of any of the following:
(1) use or demontrable preparations for use of the domain or a name corresponding to the domain name in connection with a legitimate offering of goods and services before the domain owner was notified or the dispute;

(2) Common knowlage of the owner being known under the domain name, event absent trademark or service mark rights; or

(3) A legitimate noncommercial use or fair use of the domain name, with no intent for commercial gain to misleadingly divert consumers or tarnish the Complainant's trademark or service mark.


2. Approved Provider for UDRP
 

There are five approved providers for UDRP:
a. Asian Domain Name Dispute Resolution Centre (ADNDRC);
b. CPR Institute for Dispute Resulution (CPR)
c. eResolution (eRes);
d. The National Arbitration Forum (NAF); and
e. World Intellectual Property Organization (WIPO).

3. UDRP Proceedings
The institution of a UDRP Proceeding does not prevent either party from filing a lawsuit to resolve the dispute in a court of mutual jurisdiction before, during, or after the administrative proceeding. The UDRP defines a court of mutual jurisdiction as a court in either the jurisdiction in which the main office of the registrar is located, or the jurisdiction in which the domain name owner resides according to registration of the domain name in the Registrar's Whois database at the time the complaint is filed.
If a UDRP administrative panel ("Panel") orders a domain name to be transferred or cenceled, the owner is given ten business days to provide official documentation indicating that he has filed a lawsuit. If he does not file within ten days, the decision will be implemented. If documentation of the lawsuit is received within the ten days period, no further action will be taken until:
a. satisfactory evidence of a resolution is presented;
b. the lawsuit is dismissed or withdrawn; or,
c. the court dismisses the lawsuit or orders the owner to cease using the domain name.

By. DR. Danrivanto Budhijanto in Seminar of Technology Science....