Uniform Domain-Name Dispute-Resolution Policy

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The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP policy currently applies to all .biz, .com, .info, .name, .net, and .org top-level domains, and some country code top-level domains.

When a registrant chooses a domain name, he or she must “represent and warrant,” among other things, that registering the name “will not infringe upon or otherwise violate the rights of any third party,” and agree to participate in an arbitration-like proceeding should any third party assert a claim.

In a UDRP proceeding, the panel will consider factors such as, whether the defendant registrant’s domain name is identical or confusingly similar to a trademark in which the complainant has rights; whether the defendant has no rights or legitimate interests in a name; and whether the defendant registered and is using the name in bad faith. Trademark owners sometimes found it difficult to prove registration and use of a disputed domain name in bad faith, and therefore in other dispute resolution policies this last requirement has been relaxed to "or" (e.g. in the dispute resolution policies applicable to .us or .eu domain names).

The goal of the UDRP was to create a streamlined process for resolving such disputes, which would be quicker and cheaper than a standard legal challenge. However, a party dissatisfied by a UDRP decision may challenge the decision in court.

The UDRP process has already been used in a number of well-known cases, such as Madonna Ciccone, p/k/a Madonna v. Dan Parisi and "Madonna.com". There the panel found against the defendant registrant based on all three of the above factors, and ordered the domain name turned over to Madonna.

Often there is contention over similar but not identical domain names, in which the offended party files a court action claiming trademark or copyright infringement. For example, actor Robert De Niro has claimed ownership of all domain names incorporating the text "Tribeca" for domain names with any content related to film festivals. In particular, he has a dispute with the owner of the website http://tribeca.net.^[1]^[2].