UDRP

What the UDRP is

The UDRP is a policy set by ICANN for disputes over domain names that may conflict with a trademark. It applies to generic domains, such as .com, .net and .org, and to country-code domains whose registries have adopted it. Other country-code domains follow their registry's own dispute policy.

How it applies to your domain

The UDRP is part of our Domain Registration Agreement. By registering a domain, you agree to take part in a UDRP case if a complaint is filed about it. You can read the full policy on ICANN's website.

What a complainant must prove

The person or company making the complaint must prove all three of these points:

1. the domain is identical or confusingly similar to a trademark in which they have rights;
2. the domain owner has no rights or legitimate interests in the domain; and
3. the domain was registered and is being used in bad faith.

Examples of bad faith

• Registering a domain mainly to sell it to the trademark owner or a competitor for more than it cost
• Registering domains to stop a trademark owner from using its own name
• Registering a domain mainly to disrupt a competitor's business
• Using a domain to attract visitors for profit by creating confusion with a trademark

How a domain owner can show legitimate interest

• Using the domain for a genuine offer of goods or services before the dispute began
• Being commonly known by the domain name
• Making fair, non-commercial use of the domain without intending to mislead customers

How a case works

1. The complainant files a case with an approved provider, such as WIPO or the Forum.
2. The provider tells the registrar, and the domain is locked so it cannot be transferred or change owner while the case is open.
3. The domain owner has 20 days to respond.
4. A panel decides the case. It can transfer the domain, cancel it or reject the complaint. The UDRP cannot award money.

How decisions are carried out

If the panel decides to transfer or cancel the domain, the registrar waits 10 business days before acting. If the domain owner starts a court case in that time and sends official proof of it, the decision is put on hold until the court case is resolved.

Our role

HostElevate does not decide disputes. We forward notices to you, work with the registrar and the provider, and follow the final decision or court order. Please do not try to transfer or change the domain while a case is open.

Uniform Rapid Suspension (URS)

For many newer extensions, trademark owners can also use the URS, a faster process for very clear cases. If a URS complaint succeeds, the domain is suspended for the rest of its registration period, but it is not transferred.

Going to court

The UDRP does not stop either side from taking the dispute to a court, before, during or after a case.