| Domain names can usually be registered quickly and | | | | complainant has rights |
| inexpensively. Top Level Domain(TLD) is the suffix | | | | 2. the existing holder has no legitimate interest or |
| such as .us or .uk or .fr-it denotes the country. | | | | rights in the domain name |
| Within TLDs there are 2 sub-categories | | | | 3. the complainant must show bad faith on the part |
| 1. Generic TLDs such as .com,.net,.org,.biz. These | | | | of the holder of the domain name. |
| domain names do not have to be distinctive and do | | | | The holder of the domain name can reject the |
| not indicate geographic origin. | | | | complainant's case if he could show bona fide use of |
| 2. Country Code TLDs which are administered by the | | | | the name, non commercial use with no intention to |
| domain registry of the relevant country. | | | | profit, evidence that the respondent is known by the |
| Domain name disputes | | | | domain name. |
| Domain name disputes have been resolved generally | | | | UDRP also recognise the phenomenon of 'Reverse |
| in one of 2 ways-either in court or by reference to | | | | Domain Name Hijacking' which is the occasion when |
| the alternative dispute resolution procedure provided | | | | the plaintiff uses the policy in bad faith in an attempt |
| by ICANN. | | | | to deprive a registered holder of a domain name of |
| This body has adopted the UDRP (Uniform Domain | | | | that name. |
| Name Dispute Resolution Policy) which apples to | | | | In ccTLD disputes the domain name registry require |
| generic TLD name disputes. | | | | further proofs before they cancel or transfer a |
| Some country code administrators have incorporated | | | | domain name. |
| this procedure into their registration agreements. | | | | Conclusion |
| This UDRP procedure has been very successful and | | | | It is clearly impossible to register all domain names |
| has resolved many domain name disputes; however | | | | and trade marks which they may feel they need to |
| it does not provide for damages and so a company | | | | protect their intellectual property. |
| that needs immediate injunctive relief and damages | | | | Sometimes it is more cost effective to purchase the |
| will be advised to head for court rather than the | | | | name from the 'offender' rather than go to court or |
| UDRP procedure. | | | | UDRP. |
| Generally the relief provided is simply to have the | | | | It is important to recognise the difference between |
| domain name transferred to the plaintiff. | | | | trade marks and domain names and it is prudent for |
| To win relief at the UDRP you will need to show 3 | | | | a company to register each of their domain names |
| things | | | | as a trade mark. |
| 1. the complainant must show that the name is | | | | Because otherwise their domain name could be |
| confusingly similar to the name in which the | | | | registered as a trade mark by a 3rd party. |