The Uniform Domain Name Dispute Resolution Policy (UDRP) is known as an inexpensive alternative to litigation (and that's true), but some proceedings can end up costing a trademark owner more than it may have expected.
.site Domain Names Eclipse .xyz in Dispute Proceedings
Despite the launch of more than 1,200 new generic top-level domains (gTLDs) in recent years, .com remains -- far and away -- the top-level domain that appears most frequently in decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, some new gTLDs are attracting more disputes, including .site, which has become the new gTLD that, so far this year, has appeared in the most UDRP decisions.
Where to Search UDRP Decisions
Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important -- for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task.
When a Domain Name Dispute is 'Plan B'
While having a backup plan is usually a good idea, it's often not an effective way to obtain someone else's domain name -- at least not when Plan B consists of a company filing a UDRP complaint with the hope of getting a domain name to which it is not entitled and could not acquire via a negotiated purchase.
Trademark Registrations on the 'Supplemental Register' Don't Count (in Domain Name Disputes)
The UDRP has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are insufficient, such as those on the "Supplemental Register" at the U.S. Patent and Trademark Office (USPTO).
The URS Also Applies to These Top-Level Domains
After 21 Years, Actor David Duchovny Wins His Domain Name
While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name <davidduchovny.com> was registered may set a record for the longest wait in a domain name dispute.
The UDRP Applies to These Top-Level Domains
How to Dispute a Third-Level 'Country-Code' .com Domain Name (Such as nike.eu.com)
Shortly after I recently wrote about WIPO's new role as a domain name dispute provider for the .eu ccTLD, the Forum published its first decision on another type of "eu" domain name: eu.com.
Trademark Owner Loses Two Domain Name Disputes – On Same Domain Name
I've said many times that winning a domain name dispute under the URS is much more challenging than under the UDRP. But, that doesn't mean trademark owners should take the UDRP for granted. One complainant learned that lesson an especially hard way – first by losing a URS determination and then by losing a UDRP decision on the same domain name.