How To Deal With Domain Name Disputes
March 3, 2010 by admin
Filed under Buying Guide
Domain name disputes are not a super common problem, but they are something to be knowledgeable about should you ever have to deal with one. This article provides facts about domain name disputes so you can better comprehend what they are what to do should one surface.
What is a Domain Name Dispute?
A domain name dispute surfaces over domain names that may have been formerly held, or over domain names that involve a trademark or service mark dispute. It can be a trademark or service over which you have the trademark authority, or over a domain name you purchase over which someone else claims is their trademark.
Some domain name disputes arise over domain names that were formerly registered but were not properly renewed and paid for. Why does this type of domain name dispute arise? One reason can be due to incorrect email addresses or other mistakes and miscommunication. After a period of time of not being renewed, the domain name once again becomes available for registration. Another domain name consumer may legitimately register it regardless of whether or not is was registered previously.
How to Handle a Domain Name Dispute
In terms of handling domain name disputes, all types of disputes may be handled through the ICANN’s Uniform Domain Name Dispute Resolution Policy or UDRP. All official registrars are absolutely bound by these ICANN policies. And speaking of the UDRP, this process sets forth all the regulations for handling domain name disputes including negotiation and legal proceedings including court moves.
Under the UDRP, all the registrars in the top-level domain names such as .com, .net, and .org are subject to follow the Uniform Domain Name Dispute Resolution Policy. Under this matter, some types of trademark-based domain name disputes should be resolved by agreement, court move, or arbitration prior to the registrars’ suspension and transfer of the domain names. Besides, some domain name disputes surface from abusive domain name registrations that may be addressed by accelerated administrative procedures that the owner of trademark rights performs through filling a complaint with an accepted domain name dispute resolution service contributor.
The dispute service providers, as organizations permitted by the ICANN, thus holds the responsibility to arbitrate the disputes. And in case of a domain name during a dispute, it is important to know that the domain names cannot be cancelled, suspended or even transferred during a domain name dispute.
