Domain Name Disputes
Who is the legal owner of a Domain Name?
Submitted by anso on Mon, 26/11/2007 - 01:04
The owner of a Domain Name is the individual or company whose name is listed at the time of registration. The owner or registrant remains the owner of a Domain Name regardless of whether the administrative contact has been changed since then. The only way to legally change the ownership of a Domain Name is to undergo a Transfer of Domain Name. To view the policies for a Transfer of Domain Name see our website.
What if the Domain Name I wish to register is already taken and I have rights or legitimate interests in respect of the Domain N
Submitted by anso on Mon, 26/11/2007 - 01:03
You can choose an alternative Domain Name, or if you feel that you have legal rights to a particular domain you could initiate a Uniform Domain Name Dispute Resolution Policy ('UDRP') dispute by submitting a complaint to one of the ICANN approved dispute resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm, that states:
1. The Domain Name you are complaining about is identical or confusingly similar to a trademark or service mark in which you have rights; and
What is the Uniform Dispute Resolution Policy?
Submitted by anso on Mon, 26/11/2007 - 01:02
The Uniform Domain Name Dispute Resolution Policy (UDRP) was adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999 and is incorporated by reference into the Service Agreement. All ICANN accredited Registrars are required to abide by the terms or the UDRP. It sets forth the terms and conditions in connection with a dispute between you and another party over the registration and the use of an Internet Domain Name registered by you.
Who are the approved Providers for Uniform Domain Name Dispute Resolution Policy?
Submitted by anso on Mon, 26/11/2007 - 01:01
Complaints under the UDRP are submitted to any approved dispute resolution service provider. These providers are ICANN approved and listed at www.icann.org/udrp/approved-providers.htm. The providers will process a dispute in accordance with the UDRP.
What are the rules for submitting a dispute?
Submitted by anso on Mon, 26/11/2007 - 01:00
Each dispute resolution provider must process a dispute in accordance with the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm.
Does the reseller/registrar have any involvement in the dispute proceedings?
Submitted by anso on Mon, 26/11/2007 - 01:00
No, the reseller/registrar does not play a role in the dispute resolution process. It is strictly between a Domain Name holder and another party (the complainant).
If the parties are not satisfied with the dispute resolution provider's decision can that decision be appealed?
Submitted by anso on Mon, 26/11/2007 - 00:50
No. The verdict reached by the resolution provider is final. However, either party may file a civil action in a court of competent jurisdiction against the other party, which automatically stops the implementation of the provider's decision.