The resolution of the domain name disputes related to top level domain such as .com, .edu, .areo, .biz, .org, .jobs, .mobi, .museum, .net, .tel, .travel, .info, .coop which are called the Generic Top Level Domain Names (gTLDs) is handled through the Uniform Dispute Resolution Policy (UDRP). The Internet Corporation for Assigned Names and Numbers (ICANN), which administers the Internet domain names, has adopted the Uniform Dispute Resolution Policy (UDRP) on the 26^th August 1999 thereby bringing out a system for handling of the claims over the intellectual property in domain names.

The implementation of the UDRP has provided for quicker and cost effective resolving of the domain name disputes. The UDRP is found by way of reference in agreements between the ‘registrars’ and ‘domain name registrant’ wherein the domain name registrant agrees to the terms and conditions for resolving the disputes arising in domain name through UDRP. All disputes where third parties make claims over the domain name registered by the domain name registrant would fall within the ambit of the UDRP.

A copy of the UDRP is found here.

The Uniform Dispute Resolution Policy provides for two streams for resolution of disputes in domain names.

Arbitration – The UDRP (Uniform Dispute Resolution Policy) provides for the settlement of Domain Name Disputes through Alternate Dispute Resolution mechanism. Every registrant agrees to the terms and policy of the registrar and to the UDRP at the time of purchase of the domain name and therefore falls submits himself for arbitration where a claim has been made by a third party for the domain name registered by him.

If the claim made by the third part turns out to be successful, the domain name may be cancelled, suspended or transferred in favor of the complainant. The verdict of the arbitration does not, however, preclude any party to approach a Jurisdictional civil court for exercise of his rights. The approaching of the Jurisdictional Civil would not be by way of appeal and the Court would not consider the decision of the matter by Administrative Panel of Arbitrators.

The resolution of the dispute through the administrative panel provides a cost effective and time sensitive mechanism for settlement of the domain name disputes. The administrative panel may consist of either a single or three arbitrators.

The process before the UDRP administrative panel is relatively simpler and has less complicated procedures which would yield justice when support by experts in the field.

Court Action – A trademark owner may alternatively approach a jurisdictional civil court directly with a legal action restraining the domain name registrant from infringing the rights of the trademark owner. Where the plea of trademark owner is accepted by the court, and where the court is satisfied that the act of the domain name registrant is infringing the rights of the trademark owner, the court may make an order cancelling, suspending or transferring a domain name in favor of the trademark holder.

In case of court action, the court not only taken into consideration the limited issues as prescribed in the UDRP but also the overall act of domain name registrant under various provisions of law such as anti competition law, trademark laws, business laws, contracts etc. The court action is usual preferred for cases where the action does not strictly within conditions found in the UDRP such as registration in bad faith.

In a scenario where a trademark has failed in making out a valid case before the Administrative Tribunal approaches the Jurisdictional Civil Court, then the matter would be heard afresh without any inference drawn from the losing UDRP proceeding. The issues of consideration for the UDRP and a Jurisdictional Civil Court are of different nature.