Uniform Domain Name Dispute Resolution Procedures
The UDRP Administrative Procedure is only available for disputes concerning an alleged abusive registration of a domain name, which meet the following criteria:
(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights;
(ii) the domain name registrant has no rights or legitimate interests with respect to the domain name in question; and
(iii) the domain name has been registered and is being used in bad faith.
Any person or company may file a domain name complaint using the UDRP Administrative Procedures.
Based on the WIPO procedures, there are five basic stages in a UDRP Procedure:
(i) The filing of a Complaint with an ICANN-accredited dispute resolution service provider (such as WIPO) chosen by the Complainant;
(ii) The filing of a Response by the person or entity against whom the Complaint was made;
(iii) The appointment by the chosen dispute resolution service provider of an Administrative Panel of one or three persons who will decide the dispute;
(iv) The issuance of the Administrative Panel’s decision and the notification of all relevant parties; and
(v) The implementation of the Administrative Panel’s decision by the registrar(s) concerned should there be a decision that the domain name(s) in question be cancelled or transferred.
In the first stage, the complaint is filed with the resolution service provider. The complainant must also send a copy to the respondent, along with a Complaint Transmittal Coversheet. After the center receives the complaint, they may ask for more information concerning the disputed domain name(s). The resolution provider then conducts a Formalities Compliance Review and any deficiencies are notified to the complainant and respondent. If the deficiencies are not remedied with five calendar days, the Complaint is deemed withdrawn. If the Complaint is not deficient and payment for the service has been made, the resolution provider notifies the Respondent of Complaint and a formal commencement of the administrative proceeding begins. The resolution provider also send notice to the registrar of the domain name.
In the next stage, the response is due within 20 calendar days of formal commencement of administrative proceeding. A default notice is made if the response was not filed by the deadline, however the panel has discretion in considering late-filed responses.
Regardless, the resolution provider proceeds to appoint an Administrative Panel of 1 or 3 members. If both complainant and respondent designate a single panelist, the resolution provider choose a member from a published list. The same is true if both parties choose a 3-person panel. The resolution provider will attempt to appoint one of the three candidates nominated by the Complainant and one of the three appointed by the respondent.
After the panel makes its decision, it is required to forward its decision to the resolution provider within fourteen days. The resolution provider then notifies the party of its decision and ICANN within three days after receipt.
The domain name registrar is then required to implement a decision in favor of the Complainant after 10 business days of receipt, unless it receives from the respondent notice that it has commenced a lawsuit against the complainant. The registrar will take no action until it receives evidence satisfactory to the registrar that the matter has been resolved, the lawsuit dismissed or withdrawn, or a copy of an order from the court dismissing the lawsuit or ordering that the respondent has no right to use the domain name.