10 - Uniform domain name dispute resolution policies

Summary

By the 1990s, ICANN was in need of a solution to the rising dispute resolution problem. The legal proceedings in court were slow, expensive and involved a minefield of jurisdictional issues. There were moves to put in place an international treaty, but this process was too slow and would not be all-encompassing. The US legislative solution in 1999 was only a partial solution and few jurisdictions expressed the need to follow their lead; the result could well be a plethora of divergent responses. This chapter deals with the dispute resolution policies of ICANN and selected national domain name administrators.

In 1999 ICANN issued its Uniform Dispute Resolution Policy (UDRP) as an alternative to legal proceedings before courts. The UDRP has become the international standard for resolving domain name disputes. It is intended to also discourage abusive registrations. The complainant is required to demonstrate that the disputed domain name is identical or confusingly similar to theirs, that the registrant does not have a right or legitimate interest in the domain name, and that the registrant has registered and used the domain name in bad faith.

ICANN provides that domain name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. The UDRP has been adopted by all ICANN-accredited registrars in the gTLDs .aero, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and .travel.