Frequently Asked Questions - Domain Name Disputes

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.
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 2. The Registrant of the Domain Name you are complaining about has no rights or legitimate interests in respect of that Domain Name; and 3. The Registrant has registered and is using the Domain Name you are complaining about in bad faith. In addition, your complaint must conform to the Rules for Uniform Domain Name Dispute Resolution Policy, which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, as well as the selected administrative-dispute-resolution service provider's supplemental rules. For example, you believe that you have legal rights to the Domain Name 'tonismith.com' but it is has already been registered by someone. The UDRP will inform you how to pursue your claim.
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. Under the Uniform Domain Name Dispute Resolution Policy, actual resolution of a dispute will occur, and result in continued use, deletion or transfer of a Domain Name registration.
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.
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.
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).
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.