UDRP

ICANN has already instituted a Uniform Domain Name Dispute Resolution Policy (UDRP) which is intended to deal with abuses of the registration system, particularly cybersquatting, where a party registers a domain name deliberately incorporating another party's trade mark to which the registrant has no legitimate rights, with the intention of obstructing the rightful owner's use of the domain name or of re-selling or ransoming the domain name for a profit. The Policy and Rules are somewhat restricted in their potential application, but in cases of evident abuse, initial experience suggests that the UDRP does provide a suitable and effective recourse for trade mark owners. Complaints under the UDRP must be submitted to one of the Approved Dispute Resolution Service Providers who operate the Policy for ICANN. For a balanced review of the first year's operation of the UDRP, see Dawn Osborne's article "ICANN dispute resolution - A resounding success!" A more critical appraisal together with useful statistical profiles of Panelists can be found at UDRPinfo.com.

There have been some cases where legitimate domain name owners have been on the receiving end of unreasonable and unjustified claims by others who purport to have rights under the UDRP, but whose claims are merely covetous or presumptuous and which may amount to attempts at so-called "reverse domain name hijacking". It is important that any innocent domain name owner faced with such claims should take professional advice before responding to any such claimant. Carl Oppedahl of Oppedahl and Larson, a leading practitioner in this field in the US, has published a useful cautionary note of "Considerations for innocent domain name owners" in this situation.

For cases not suitable for the UDRP, trade mark owners will need to look to the Courts in an applicable jurisdiction and seek recourse under existing trade mark, passing-off or unfair competition law. See our INTERNET CASES page for details of relevant UK case precedents.