If you have a website, you also have a domain name. Legal issues are numerous with respect to domain names and, among the most pressing, are malicious efforts by criminals to hack or take over your domain name/website or to create fake websites to divert your internet traffic and sales. Another major legal issue concerns claims that a domain name and/or website is confusingly similar to a trademark or that it infringes upon a copyright. For these and other legal issues, UDRP proceedings are an option for resolving these types of legal conflicts. If you find yourself in need of legal services related to any of these issues, contact us here at Revision Legal. We are top-rated internet lawyers.

What is UDRP?

UDRP stands for “Uniform Domain Name Dispute Resolution Policy,” which was created and is administered by the World Intellectual Property Organization (“WIPO”). UDRP proceedings are non-court arbitrations under the Rules and Regulations established by WIPO. Domain name disputes are common — at least 5,000 cases every year — and UDRP proceedings are the least expensive and fastest resolution method. There ARE civil court options under U.S. laws such as the Anticybersquatting Consumer Protection Act. However, civil court cases are typically much more expensive and are much slower. Generally, the goal with respect to domain name disputes is to quickly resolve the legal issues so that the domain name can continue to be used, be transferred, or be taken down. Those are some of the speedy options available through UDRP proceedings. It should be noted that, if money damages are a key goal, then civil litigation may be a better option since significant money damages are not available in UDRP proceedings.

What are typical UDRP legal issues?

Most UDRP proceedings involve allegations of trademark infringement or domain squatting. For trademark claims, the typical issue is whether a given domain name is the same as or confusingly similar to a registered and existing trademark. The infringement claims can relate to the words used for the domain names/websites, but often involve claims related to domain name extensions. So, an infringement claim might be made related to words like BOOKING vs. BOOKINGS and also to domain name extensions like “dot COM” vs. “dot NET” or “dot UK” (which is a country designation). Malicious actors can easily and quickly create websites with similar-looking domain names and extensions that can trick online shoppers into providing personal information and, potentially, transferring money and other valuables.

What about cybersquatting?

Cybersquatting cases are also commonly resolved through UDRP proceedings. Cybersquatting is the registration of a domain name for the purpose of “holding the name hostage.” The goal of the cybersquatter is not to operate a business or a legitimate website but, rather, to wait until some business is willing to pay money to obtain ownership of the domain name. This is illegal, and UDRP proceedings can be used to seize control of domain names that are being held hostage in this manner. As noted, the key proof relates to bad faith registration of the domain name.

Contact the Internet Law Attorneys at Revision Legal

For more information, contact the experienced Internet Law Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.