Dispute resolution policies

The Uniform Domain Name Dispute Resolution Policy

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. It sets out the legal framework for resolving disputes between a domain name registrant and a third party (i.e., a party other than the registrar) over the abusive registration and use of an Internet domain name in the generic top level domains or gTLDs (e.g., .biz, .com, etc.).

Under the UDRP, most types of trademark-based domain-name disputes must be resolved either by agreement between the parties, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (e.g., cybersquatting) may be addressed through expedited administrative proceedings initiated by filing a complaint with an approved dispute-resolution service provider.

For a complainant to succeed under the UDRP, they must prove all of the following elements:

  1. The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
  2. The registrant does not have any rights or legitimate interests in the domain name;
  3. The domain name has been registered and is being used in "bad faith".

Bad faith can be demonstrated in various ways, such as by showing that the registrant registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant, or to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, among other criteria.

If a domain name registrant loses a UDRP proceeding, they can file a lawsuit against the trademark holder within ten business days to prevent a registrar from transferring the domain name in the relevant jurisdiction (either the location of the registrar's principal office or the registrant's location).

ICANN has published an extensive set of rules and proceedings regarding the UDRP. Please read the [Uniform Domain Name Dispute Resolution Policy at ICANN][https://www.icann.org/resources/pages/udrp-rules-2024-02-21-en].

A UDRP provider

In order to file a complaint under the UDRP, you must first contact a UDRP provider. For a list of approved providers, please visit https://www.icann.org/resources/pages/providers-6d-2012-02-25-en.

Uniform Rapid Suspension (URS)

The Uniform Rapid Suspension System is a rights protection mechanism that complements the existing UDRP by offering a lower-cost, faster path to relief for rights holders experiencing the most clear-cut cases of infringement.

For more details, please visit https://www.icann.org/urs-en.

What is ServerPoint's response to a UDRP / URS related dispute?

Once ServerPoint receives a request from a UDRP provider, we will enforce a lock on the domain and we will provide the information requested by the UDRP provider within two business days.

We will also abide by the decision of the UDRP provider, and its panel, and will implement their decision within ten business days.