Domain names are a critical business asset. Given the ease by which domain names may be registered, business owners must be prepared to assert trademark registrations against those who seek to register domain names in an attempt to create confusion.
The most common method for allege a domain name dispute is through a Uniform Domain-Name Dispute-Resolution (“UDRP”) proceeding. An alternative is a Uniform Rapid Suspension (“URS”) proceeding.
UDRP Proceedings
A UDRP proceeding is simpler and less expensive that its alternative — federal litigation. The Complainant, the trademark owner, alleges a claim against the Respondent, the web domain owner.
The process begins with drafting and filing of a Complaint. The Complaint includes the following elements:
- The Respondent’s domain name is confusingly similar to the trademark held by Complainant;
- The Respondent lacks rights to the domain name; and
- The domain name was registered in bad faith.
The Complaint is filed with legal arguments and supporting evidence, making the filing self-contained.
UDRP Proceedings are filed with one of the approved Providers and a fee is remitted. The fee depends upon the number of domains in dispute and the number of panelists requested for the review.
The Respondent is provided an opportunity to answer to the allegations in a separate filing.
The Provider reviews the filed documents and renders its decision. The result may be a denial, or an order to transfer the domain.
Larson & Larson has experience representing both Complainants and Respondents in UDRP proceedings.
URS
In cases of clear infringement a URS proceeding is an alternative a UDRP proceeding. A URS proceeding is more compact than a UDRP proceeding with strict length requirements for the Complaint and Response.
If the Complainant prevails, the remedy is suspension of the domain rather than transfer. Thus, URS proceedings are appropriate when the trademark holder does not wish to own the domain, but rather just to stop use by others.
Larson & Larson can represent you in filing or defending a URS proceeding.