What is the Uniform Domain Name Dispute Resolution Policy?

The Uniform Domain Name Dispute Resolution Policy (the UDRP Policy) adopted by the ICANN Board on October 24, 1999 sets out the legal framework for the resolution of disputes between a domain name registrant and a third party over the abusive registration and use of an Internet domain name in the generic top level domains or gTLDs (e.g., .biz, .com, .info, .mobi, .name, .net, .org), and those country code top level domains or ccTLDs that have adopted the UDRP Policy on a voluntary basis. The procedure is administered by dispute resolution service providers accredited by ICANN (e.g.

What is the Internet Corporation for Assigned Names and Numbers (ICANN)?

ICANN is a global non-profit, private sector organization that manages Internet resources for the public benefit. It is best known for its role as technical coordinator of the Internet’s Domain Name System.

Its role is to coordinate, at the overall level, the global Internet’s systems of unique identifiers, and in particular to ensure the stable and secure operation of the Internet’s unique identifier systems. In particular, ICANN:

1.       Coordinates the allocation and assignment of the three sets of unique identifiers for the Internet, which are:

What is Typosquatting?

Typosquatting, also called URL hijacking, is a form of cybersquatting that targets Internet users who incorrectly type a website address into their web browser. Should a user accidentally enter an incorrect website address, they may be led to alternative website, usually designed for malicious purposes such as stealing identities, installing drive-by malware, redirect web traffic to their own or a competitor’s product, or making revenue from the user clicking on advertisements.

What is Cybersquatting?

Cybersquatting  is the practice of registering as Internet domains identical or similar to a third party company name or trade mark, with bad faith intent to profit from the goodwill of a third party brand, or in the hope of reselling them at a profit.

Cybersquatters exploit the first-come, first-served nature of the domain name registration system to register as domain names, third parties’ trademarks or business names or names of famous people, as well as variations thereof.

What is a domain name?

Domain name is a human-friendly form of an Internet address. It is used to identify the complicated string of numbers composing an IP Address which is hard to remember by heart. In other words, a domain name is linked to the relevant IP address and is used to find web pages in a user-friendly way. Domain names are registered with accredited Registrars and consist of two parts: a top-level domain (TLD – .com, .net, .org, .eu) and a second level domain, which represents the entity that owns the domain name.

Does the registration of a domain name automatically create trade mark rights?

No. To qualify for trade mark protection a domain name itself should function as a trade mark. Concretely this signifies that a domain name must not be used simply as an address to direct to a website, but to identify the products and/or services of the business, which provides products and/or services via the Internet.  For example this will be the case of a domain name used in connection with a website that offers web-related services.