| The current Uniform Domain Name Dispute Resolution | | | | sponsored gTLDs but are restricted because the |
| Policy (UDRP) offers a relatively quick and cost | | | | TLD is reserved for those entities that qualify in the |
| effective mechanism to independently resolve | | | | particularized and specialized space. |
| disputes that arise from the abusive registration of | | | | Fortunately, there are ways to protect your |
| trademarks as domain names. Under the UDRP, a | | | | trademarks, and other domain names for that |
| complainant must show that the domain name in | | | | matter. While no uniform IP protection mechanism to |
| dispute is identical or confusingly similar to its | | | | combat the unauthorized registration of domain |
| trademark, that the respondent does not have a | | | | names currently exists, you can heed |
| right or legitimate interest in the domain name, and | | | | recommendations, such as those made by WIPO, |
| that the respondent registered and used the domain | | | | and perform your own preventative care. One |
| name in bad faith. | | | | example is to use defensive registrations, or register |
| However, the UDRP is not without its share of | | | | domain names in the existing TLDs (such as .com, |
| problems. The first major problem of the UDRP is | | | | .net, etc.) and new gTLDS (such as .mobi). It is also |
| that it is only a curative solution, meaning it provides | | | | important to be aware of when such new gTLDs are |
| relief after a violation has already occurred. For | | | | to be made available and ensure that you take |
| example, a cybersquatter can register an IP owner's | | | | advantage of any sunrise period, a period affording |
| identifiers forcing the aggrieved owner to use the | | | | trademark holders the right to register prior to the |
| UDRP. In essence, the UDRP seeks to return the | | | | general public, available to you. Similarly, being able to |
| damaged IP owner to as good as a position as he | | | | recognize the common tactics of cybersquatters in |
| was before the cybersquatting. Second, the UDRP | | | | both existing and newly offered gTLDs can further |
| has no preventative measure to protect trademark | | | | enhance your ability to prevent unauthorized |
| holders from cybersquatters. Theoretically, the only | | | | registration of domain names similar your trademark. |
| way IP owners can protect themselves as new | | | | You can contact us or another domain anme lawyer |
| gTLDs are introduced is by registering their entire | | | | today, with experience in cybersquatting, domain |
| trademark portfolio. In essence, IP owners compete | | | | name disputes, and trademarks can assist you in |
| with cybersquatters for their own trademarks. Third, | | | | protection mechanisms and help prevent an |
| no provisions exist to deal with the situation where | | | | unnecessarily forced run-in with the UDRP. |
| IP owners want to protect their trademarks in | | | | |