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Topic: Uniform Dispute Resolution Policy


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In the News (Thu 17 Dec 09)

  
  ICANN | Uniform Domain-Name Dispute-Resolution Policy
Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, 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 (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
Uniform Domain Name Dispute Resolution Policy -- This policy is followed by all registrars.
www.icann.org /udrp/udrp.htm   (239 words)

  
 Uniform Domain-Name Dispute-Resolution Policy - Wikipedia, the free encyclopedia
Uniform Domain-Name Dispute-Resolution Policy is a policy of ICANN for the resolution of disputes over domain names.
According to the policy, complaints are submitted to approved dispute-resolution service providers, which can be corporations or non-profit organizations.
The process is based on international and national dispute resolution traditions.
en.wikipedia.org /wiki/Uniform_Domain-Name_Dispute-Resolution_Policy   (103 words)

  
 ICANN | Uniform Domain Name Dispute Resolution Policy
The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant).
The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
www.icann.org /udrp/udrp-policy-24oct99.htm   (1525 words)

  
 Domain Name Disputes - ICANN's Uniform Domain Name Dispute Resolution Policy
Uniform Domain Name Dispute Resolution Policy (UDRP) is a policy adopted by ICANN that provides a mechanism for trademark owners to obtain domain names from "cybersquatters." All domain name registrars that have the power to grant.com,.net, and.org generic top-level domains must follow the UDRP.
The UDRP provides that before a domain name registrar will cancel, suspend, or transfer a domain name that is the subject of a trademark-based dispute, it must have an agreement signed by the parties, a court order, or an arbitration award.
All owners/registrants of all.com,.net and.org domain names are subject to the UDRP by virtue of: (i) the registration agreements agreed to with their registrars at the time of acquiring their domain names, or (ii) asking ICANN to maintain or renew a domain name registration.
www.keytlaw.com /urls/udrp.htm   (2350 words)

  
 dotPH - Domain Name Policies: Uniform Domain Name Dispute Resolution Policy
Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.domains.ph, and the selected administrative-dispute-resolution service provider's supplemental rules.
This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by dotPH.
The mandatory administrative proceeding requirements set forth inParagraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded.
www.domains.ph /Policies3.asp   (1302 words)

  
 HDDWeb - Uniform Domain Name Dispute Resolution Policy   (Site not responding. Last check: 2007-10-19)
Administrative proceedings for the resolution of disputes under the Uniform Dispute Resolution Policy adopted by ICANN shall be governed by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its web site.
Policy means the Uniform Domain Name Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement.
Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Panel, and the form of cover sheets.
www.hddweb.com /domain/drpol.shtml   (3064 words)

  
 InterNIC | FAQs on the UDRP
The UDRP was adopted by ICANN on 26 August 1999.
The UDRP does not apply to country-code top-level domains, except in a few cases where the local administrator has decided to adopt it.
The UDRP also established an administrative procedure for speedy, low-cost resolution of a specific category of disputes: those arising from abusive, bad faith registrations of domain names.
www.internic.net /faqs/udrp.html   (630 words)

  
 ICANN | Approval Process for Providers for Uniform Dispute Resolution Policy
Although the policy provides that most domain-name disputes will be resolved by the courts, it also calls for administrative dispute-resolution proceedings to enable streamlined, economical resolution of disputes arising from alleged "abusive registrations." Under the policy, each administrative proceeding will be administered by a dispute-resolution service provider approved by ICANN.
The Board's Resolution 99.84 provided that in the near term ICANN staff will provisionally approve service providers; a more formal accreditation program for dispute-resolution service providers will be implemented in 2000.
Applicants are expected thoroughly to train the listed neutrals concerning the policy, the uniform rules, the technology of domain names, and the basic legal principles applicable to domain-name disputes.
123cheapdomains.com /domain-names/udrp-provider-approval-process.htm   (682 words)

  
 ICANN Uniform Dispute Resolution Policy
You further agree to be bound by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as presently written and posted on http://www.icann.org/udrp/udrp-policy-24oct99.htm and as shall be amended from time to time.
The current version of the general registration Dispute Policy may be found at http://resellers.tucows.com/opensrs/legal.
You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you.
opensrs.ori.net /info_UDRP.htm   (2517 words)

  
 Wired News: What To Do With Domain Disputes?
The say the UDRP has a built-in bias against domain name registrants because the procedure allows trademark holders -- and not domain owners -- to choose from a list of dispute resolution providers who make their dime by deciding cases.
But eResolutions founder Ethan Katsch said that for a trademark holder, the choice is simple when the options are a dispute resolution provider who finds for the trademark holder 80 percent of the time or a provider who decides for the trademark holder half the time.
One way the policy compensates for this problem, he said, is by allowing defendants the option of paying cash to go to a three-member arbitration panel.
www.wired.com /news/business/0,1367,39992,00.html   (1049 words)

  
 Uniform Domain Name Dispute Resolution Policy Policy As Approved by ICANN on October 24
Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.itsyourdomain.com/rulesofprocedure.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.
(a) In the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of a domain-name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to proceed to a decision.
www.domainsnext.com /domaindispute.htm   (5246 words)

  
 CORE - Dispute Policy
As of December 1, 1999, CORE has introduced the Uniform Dispute Resolution Policy (UDRP) specified by the Internet Corporation for Assigned Names and Numbers (ICANN).
This policy replaces the initial CORE Dispute Resolution Policy, based on the provisions for a change in policy contained in that document.
The ICANN UDRP, along with the Rules for Uniform Dispute Resolution Policy is compulsory for all ICANN-accredited registrars.
www.corenic.org /Dispute-policy.htm   (65 words)

  
 UDRP-DB : The Uniform Domain Name Dispute Resolution Policy Database   (Site not responding. Last check: 2007-10-19)
This is version 1 of a new search tool for domain name dispute decisions resolved under the ICANN UDRP.
The number of decisions listed in the database will always be visible on the left side of the screen and we are hoping that all decided disputes will be accessible within a few weeks.
The number of decisions listed in the database will always be visible on the left side of the screen and we are hoping that all decided disputes will be accessible fairly soon.
udrp.lii.info /udrp/index.php   (324 words)

  
 VIG - ICANN UDN Dispute Resolution Policy   (Site not responding. Last check: 2007-10-19)
On dispute resolution, the WIPO report recommends institution of a policy followed uniformly by all registrars in the.com,.net, and.org TLDs.
ICANN staff presents "ICANN Staff Report: Uniform Dispute Resolution Policy for gTLD Registrars" to the Internet community and the ICANN Board before the 25 August public forum held in Santiago, Chile, on the dispute-resolution policy.
ICANN staff posts its "Staff Report on Implementation Documents for the Uniform Dispute Resolution Policy," together with implementation documents consisting of the written UDRP and uniform rules for public comment until 13 October 1999.
www.valkaryn.net /policies/icann_sched.cgi   (452 words)

  
 Uniform Domain Name Dispute Resolution Policy (UDRP)   (Site not responding. Last check: 2007-10-19)
Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at
Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded.
Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded.
resellers.tucows.com /legal/udrp   (1594 words)

  
 Helloyou Web Services - Knowledge Base - What is the uniform dispute resolution policy?   (Site not responding. Last check: 2007-10-19)
ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) defines how disputes over domain-name registrations are resolved in the global top-level domains (.biz,.com,.info,.name,.name,.net,.org,.pro, and.ws, as well as.aero,.coop, and.museum).
Under that policy, disputes over entitlement to a domain name registration are ordinarily resolved by court litigation between the parties claiming rights to the registration.
In disputes arising from registrations allegedly made abusively (such as "cybersquatting" and "cyberpiracy"), the uniform policy provides an expedited administrative procedure to allow the dispute to be resolved without the cost and delays often encountered in court litigation.
laluni.helloyou.ws /helloyou/kb/hydisputeresolutionpolicy.html   (180 words)

  
 ICANN UDRP: Resources
Sample Response to Complainant's Response to Respondent's Response from the dispute over allocation.com, which was decided in favor of the respondent.
The basis on which the ICANN Board approved the language of the Uniform Policy and rules, and one of the key pieces of "legislative history" behind the policy and rules.
Presented to the Internet community and the ICANN Board before the public forum held on the dispute-resolution policy on August 25, and the Board's adoption of the policy (in principle-- implementation language to be settled) on August 26, 1999.
cyber.law.harvard.edu /udrp/library.html   (2372 words)

  
 WIPO Domain Name Decision: D2000-0996
In that case, the administrative panel found that two factors were most compelling in the determination that there was a likelihood of confusion between the complainant’s trademark and the disputed domain names: (i) the strength of the WALMART trademark; and (ii) the respondent’s intent in selecting the domain names.
The Policy does not assist the Complainant or the Administrative Panel by stating whether the persons in contemplation in the test in paragraph 4(a)(i) are Internet users in general, the "reasonable person", the "reasonable person" using the Internet or some other class of persons.
Although this Administrative Panel is conscious that there are strong arguments to the contrary, in the circumstances of this particular case, the Complainant is therefore entitled to the benefit of the decision on this issue.
arbiter.wipo.int /domains/decisions/html/2000/d2000-0996.html   (5553 words)

  
 DWT, LLP | Practice Areas: Communications, Media & Information Technologies
The procedure is embodied in the Uniform Domain-Name Dispute-Resolution Policy ("UDRP" or "Policy"), which became effective on December 1, 1999.
The arbitration panel's fees are relatively modest - from $750 to $3,750, depending upon the number of domain names in dispute and the number of arbitrators the complainant requests - and because each side generally submits only one document (a pleading/brief combination), the legal fees are also generally lower than a court case.
Moreover, the Policy permits either party to submit the dispute to a court for independent resolution before or after the mandatory administrative hearing is concluded.
www.dwt.com /related_links/adv_bulletins/CMITSumm2000LawLetter.htm   (6689 words)

  
 Legal Research Guide: Internet Law   (Site not responding. Last check: 2007-10-19)
Find answers to Frequently Asked Questions, the Uniform Domain Name Dispute Resolution Policy, the rules governing administrative procedures, and a list of accredited dispute resolution service providers and their supplemental rules.
The section on electronic health care policy provides commentary, federal and state laws and pending legislation, and related initiatives and uniform laws.
Search by WIPO case number, disputed domain name, or keyword to find a case summary, domain names involved, complainants, respondents, and the result of the decision.
www.virtualchase.com /resources/internetlaw.shtml   (4655 words)

  
 Convergence Center Project List
University of Massachusetts' Center for Information Technology and Dispute Resolution to track the results of ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP).
One objective was to investigate the results and substance of the UDRP.
The other was to tackle some of the information organization and retrieval problems associated with keeping track of thousands of domain name dispute cases.
dcc.syr.edu /markle/mhome.htm   (381 words)

  
 Selecting an ICANN Approved Provider - Uniform Dispute Resolution Policy   (Site not responding. Last check: 2007-10-19)
The complainant shall select the uniform dispute resolution approved Provider from among those approved by ICANN by submitting the complaint to that Provider.
All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in
In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
www.nic.net /disputepolicydomaincomplaints.html   (267 words)

  
 American Business Law Journal: Internet domain names: the uniform dispute resolution policy.@ HighBeam Research   (Site not responding. Last check: 2007-10-19)
I. The explosive growth in electronic commerce over the past decade has generated thousands of legal disputes regarding the registration and use of Internet domain names.
(1) These disputes generally pit the respective interests of the owner of a trademark against the rights of the domain name registrant whose name incorporates, in whole or in part, the mark in issue.
In an effort to resolve such disputes in a relatively inexpensive and expeditious manner, the Internet Corporation of Assigned Names and Numbers, usually referred to as "ICANN," in 1999, instituted...
highbeam.com /library/doc0.asp?docid=1G1:112133147&refid=ink_tptd_mag   (230 words)

  
 SSRN-The Anticybersquatting Consumer Protection Act and the Uniform Dispute Resolution Policy: New Opportunities for ...
This Article analyzes the relationship between the UDRP and the ACPA.
The analysis demonstrates who easily can mark owners influence the national forum, where challenges on UDRP decisions are heard and decided.
The article further voices concerns regarding the current legal structure which allows mark owners to divert UDRP challenges to US federal courts when foreign marks are involved and adjudicated according to US trademark law.
papers.ssrn.com /sol3/papers.cfm?abstract_id=667282   (255 words)

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