The UDRP (Uniform Domain-Name Dispute Resolution Policy) procedure was established in 1999. It has been the first extra-judicial domain name recovery procedure set up to fight cybersquatting.
This procedure is fully governed by ICANN (Internet Corporation for Assigned Names and Numbers) which adopted, in 1999, the UDRP guidelines. It has also designated the accredited arbitration and mediation centers by which UDRP complaints are filed and processed.
Currently, five centers are entitled to receive UDRP complaints: The World Intellectual Property Organization (WIPO) in Geneva, the Czech Arbitration Court (CAC), the National Arbitration Forum (NAF) in the United States, as well as an Asian Center (ADNDRC) which has branches in Beijing, Kuala Lumpur, Hong Kong and Seoul and, more recently, the Arab Center (ACDR) based in Jordan.
Choosing an arbitration center is delicate and requires consideration on a case-by-case basis depending on the environment of the dispute. This choice must be made based on the complexity of the case but on what the customer wishes to obtain.
The defendant’s bad faith is recurrently the keystone on which the success of the request for recovery of the domain name will depend.
Regarding the applicability of decisions abroad, legal proceedings require an exequatur procedure when the defendant is not established in France. On the contrary, extrajudicial procedures are immediately applicable.
The award of damages is only possible before a judicial judge.
These mechanisms are an effective solution to remedy abusive registration and bad faith use of domain names that infringe trademark rights. This administrative procedure does not preclude the complainant to appeal the decision to the competent judicial authorities.
Out-of-court proceedings have a number of advantages. Indeed, their cost is lower than that of legal proceedings. The latter is therefore more expensive, but also less predictable. In addition, the delivery of decisions in out-of-court proceedings is generally rapid and it is possible to initiate proceedings for an almost unlimited number of domain names.
Dreyfus can assist you in any UDRP procedure, worldwide, and help you building the best strategy for your case management portfolio, protecting your rights and managing your domain names portfolio.