Remedies may include cancellation, transfer, actual damages, statutory damages of $1,000 to $100,000 per name, and in exceptional cases, attorney’s fees are possible.
Permits in rem actions against the name itself.
Plaintiff must show bad faith on part of registrant.
Complainants won 83% of cases before single member panels, but only 58% of cases before three member panelsĪnticybersquatting Consumer Protection Act (ACPA).
Complainants won only 63.4% of time before eResolution (now out of business).
Complainants won 82.2% when before WIPO.
Respondent’s site of residence is presumed to be the location listed in the WHOIS lookup databaseĭispute Resolution Provider Choices Prof.
Can take an unfavorable decision to a court where Registrar or Respondent resides (although a losing Respondent must do so within 10 days).
Policy permits simultaneous pursuit of remedies in court.
Legitimate noncommercial or fair use, where there is no attempt at commercial gain, misleading consumers, or tarnishing mark.
Respondent being commonly known by the name (even where no trademark in name).
Respondent’s use of the name or a similar name in commerce prior to the dispute.
Registering a name to deliberately confuse consumers, when done for commercial gain.
Registering the name to disrupt a competitor’s business.
Registering name to prevent Complainant’s use of the name (if part of a pattern).
Obtaining name to sell to Complainant or its competitor.
The dispute resolution provider serves the Respondent.
The Complainant serves the chosen dispute resolution provider.
Number of Panelists desired (one or three).
Why Respondent does not have legitimate interests in the name.
Manner in which DN is confusingly similar.
Trademarks upon which complaint is based.
Asian Domain Name Domain Name Dispute Resolution Centre.
World Intellectual Property Organization.
Individual Dispute Resolution Provider Supplemental Rules for the Policy.
Uniform Domain Name Dispute Resolution Policy (UDRP)
Renewals of gTLD Domain Names Required Acceptance of Policy.
Applies to All Global Top-Level Domains.
ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP)
Designed to Represent Interests of Industry, Governments and Consumers.
Determines Acceptable Global Top-Level Domains (e.g.aero.
Responsible for Administering All Global Top-Level Domains (gTLD).
Internet Corporation for Assigned Names and Numbers (ICANN)
Foreign Nations’ Feeling of Insufficient Respect.
Network Solutions Domain Name Suspension Policy for Disputes.
Concentration of Power – Network Solutions.
Anticybersquatting Consumer Protection Act.
Internet Corporation for Assigned Names and Numbers’ Uniform Domain Name Dispute Resolution Policy.
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