Domain Name Dispute Resolution Resources

ICANN Head Office in Los Angeles
Photo Coolcaesar
Creative Commons Attribution-Share Alike 3.0 Unported Licence
Source Wikipedia



Jane Lambert

A domain name is a mnemonic for an internet address, that is to say a long string of numbers that identifies a website, mailbox or other resource. Since they are used to identify businesses, government departments, international agencies, universities and other institutions they can be very valuable assets.  They can be registered for one or more years for a few pounds, euro or dollars without extensive checks or formalities on a first come first served basis.

Those who apply to register domain names have to warrant and represent to their domain name registrar that they are entitled to register those names in their registration agreements.  They are also required to agree to refer any complaint by a trade mark or other intellectual property right owner that they are not so entitled to a form of alternative dispute resolution ("ADR").

There are a number of policies for such dispute resolution.   Disputes relating to generic top level domain names - that is to say those ending in such suffixes as ".com". ".net", ".org" or the name of a business, institution, trade or profession as opposed to a country or territory - are governed by the Uniform Domain Name Dispute Resolution Policy ("UDRP").  Those relating to a national domain name - that is to say a domain name ending in a two letter country code domain  name such as ".uk" for the United Kingdom, ".fr" for France, ".de" for Germany, ".cn" for China and so on - will be governed by the domain name dispute resolution procedures for their national registry. Many countries have adopted the UDRP while others, such as the UK, have their own ADR policies.

The UDRP requires complainants to refer generic top level domain name disputes to any of the following dispute resolution service providers:
Although it was accredited as a dispute resolution service provider in 2013 the Arab Center for Dispute Resolution did not receive any cases for several years.  It has now resolved four cases which I have discussed in ACDR's First Domain Name Disputes 30 March 2018 NIPC Branding.

Those who know nothing about this subject can pick up the basics in Domain Name Disputes 15 July 2017 NIPC Branding.  I have included a glossary since there is a bit of technical terminology which is not readily comprehensible.  Those who wish to complain about the registration of a domain name will find all they need to know in Evicting a Cybersquatter using the UDRP  18 July 2017 NIPC Branding. Those against whom a complaint has been brought should read Resisting Eviction under the UDRP 19 July 2017.

If you want to discuss this article or domain name dispute resolution, call me on +44 (0)20 7404 5252 during normal office hours or send me a message through my contact form. I have been writing about this topic for over 20 years, even before ICANN and the UDRP were established. I took my first case under the UDRP in 2000.  I have been one of the panellists who decide domain name disputes since 2003 as you can see from my profile on WIPO's website.

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