Saturday, February 20, 2021

UDRP

 

UDRP or Uniform Domain-Name Dispute-Resolution Policy, the Policy wherein one can resolve domain-name w.r.t. trade-mark based disputes (Paragraph 4 (a) of the Policy), further via cancellation, settlement, transfer, or in court action. This is a mechanism, wherein the Complainant can approach one of the Providers (ADNDRC, ACDR, NAF, CIIDRC, WIPO & CAC), against the Respondent (person being alleged of cybersquatting), in the event if Complainant’s domain-name been used in bad faith by the Respondent, despite of having no rights in the trademark with an intent to sail on the goodwill of the Complainant.

The Respondent however has remedies to prove its legitimate interest in the domain-name, via bona fide use & intent. The Complainant files the complain by selecting one of Providers. Initial FEES is paid by the Complainant, unless, the selection of the Panelist members (Panel) is increased from One to Three, by the Respondent, the FEES which is then bifurcated. This Policy is adopted by ICANN & deals with in accordance to the agreement between the person & registrar (wherein the domain name is registeredvia Rules of Procedures, Supplement Rules, defined under the Policy. 😊            

© Pranav Chaturvedi

No comments:

Post a Comment

Should There Be Any Limitation Timeline For Copyright Infringement?

  Let’s separate trademarks, designs, G.I., Patents, and Domain Name Disputes for a moment first, when it come to the infringement proceed...