UDRP: ICANN's Uniform Domain-Name Dispute-Resolution Policy
ReferenceThe UDRP (Uniform Domain-Name Dispute-Resolution Policy) is an ICANN policy that applies to every registration in generic top-level domains such as .com, .net and .org. It allows a trade mark holder to obtain the transfer or cancellation of a domain name in an out-of-court procedure.
The complainant must prove three cumulative elements: the domain is identical or confusingly similar to its mark; the registrant has no rights or legitimate interests in the name; and the domain was registered and is being used in bad faith.
Disputes are decided by accredited providers, most often the WIPO Arbitration and Mediation Center in Geneva. The procedure is conducted in writing and typically takes about two months; the registrar implements the decision unless the losing party goes to court.
The UDRP does not exclude litigation: a domain dispute may be brought before a competent court both before and after a panel decision. For .nl domains a separate scheme applies — see the note on the .nl dispute resolution regulations.