The UDRP (Uniform Domain-Name Dispute-Resolution Policy) is an ICANN process used to resolve trademark disputes. If someone claims your domain infringes their trademark, they must prove you registered and are using it in "bad faith." If you have a legitimate, non-infringing use for the domain, you can defend your registration.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on specific trademark disputes.
What Is UDRP and Cybersquatting?
UDRP is ICANN's mandatory arbitration process for domain trademark disputes. Instead of going to court, complainants file with approved providers (like WIPO or NAF) who appoint panelists to decide the case.
Cybersquatting means registering a domain identical or confusingly similar to someone's trademark with intent to profit from their brand, typically by selling it back to them or diverting their traffic.
UDRP was created specifically to address cybersquatting. It's faster and cheaper than litigation, with decisions typically rendered within 60 days.
Why It Matters: Forced Transfers
Losing a UDRP case means losing your domain. The panel orders the registrar to transfer ownership to the complainant. You don't get compensated.
Even if you believe you're in the right, ignoring the process guarantees loss. UDRP decisions are binding on registrars, NameSilo and all ICANN-accredited registrars must comply with transfer orders.
The stakes are binary: keep your domain or lose it entirely.
The Three Elements: What Complainants Must Prove
To win a UDRP case, the complainant must prove ALL three elements:
| |
Identical or Confusingly Similar | Domain matches or closely resembles their trademark |
| You have no rights or valid reason to use the name |
Bad Faith Registration and Use | You registered intending to exploit their trademark |
Your defense: Demonstrate legitimate interest (personal name, descriptive term, established business) or prove no bad faith. If the complainant fails on any single element, you win.
Before You Buy: Trademark Search
Prevention beats defense. Before registering any domain:
Step 1: Search USPTO (United States), EUIPO (Europe), and relevant national databases for existing trademarks.
Step 2: Check WHOIS records to see if similar domains exist and who owns them. Step 3: Search Google for the term, existing brands, even without registered trademarks, may still have common law rights.
Step 4: Evaluate your intended use. Generic terms used descriptively are safer than names resembling specific brands.
Document your legitimate purpose before registration. This evidence matters if disputes arise later.
Common Mistakes
Ignoring UDRP notices: You have 20 days to respond. No response means automatic default judgment against you. Always respond.
Assuming WHOIS privacy protects you: Privacy hides your info from public lookups, not from UDRP proceedings. Complainants access registrant details through proper channels.
Registering obvious trademarks: Domains like "nike-discount-shoes.com" invite disputes you won't win. The more famous the mark, the stronger their case.
No documentation: If you registered a generic term legitimately, prove it. Business plans, content history, and prior use strengthen your defense.
What This Means for You
NameSilo complies with all ICANN dispute policies. When a UDRP is filed, we lock the domain to prevent transfers during proceedings, protecting both parties until resolution.
If you receive a dispute notice, respond promptly and consider legal counsel. Your response, or lack thereof, determines the outcome.
Frequently Asked Questions
Registering domains matching trademarks to profit from brand confusion or resale.
Can someone take my domain name?
Only through UDRP or court order. Legitimate registrations are protected.
How much does a UDRP cost?
Filing costs $1,300-$4,000+. Respondents pay nothing unless hiring counsel.
What is "bad faith" in domain registration?
Intent to sell to trademark owners, disrupt their business, or mislead consumers.
Should I reply to a cease and desist letter?
Yes, especially with legitimate use. Ignoring UDRP filings results in default loss.
Does WHOIS privacy protect me from UDRP?
No. Complainants access registrant info through official channels.
Can I register a trademarked word for a fan site?
Risky. Non-commercial fan sites may qualify, but outcomes vary.
Where do I search for trademarks?
USPTO.gov (US), EUIPO (EU), WIPO Global Brand Database.
.png&w=2048&q=75)
.png&w=3840&q=75)
.png&w=3840&q=75)