Saturday, December 11, 2021

Domain Disputes

 

One of my previous blog briefed about UDRP process for cybersquatting (TM) related disputes, in-depth, from filing - complaint, response; to selecting panel members to time period involved. URS is another light version mechanism used to resolve cybersquatting disputes with almost similar process. Whereas, the present blog briefly explains miscellaneous domain related issues, when arisen &, where to approach.

Now, when or what kind of disputes may ensue? In case of cybersquatting, already illustrated.  Others are viz. when the Registrar or Registry Operator isn’t in compliance of its obligations w.r.t. RAA (Registrar Accreditation Agreement, renewed every five years) or RA (Registry Agreement, renewed every ten years) who work in accordance with RRA (Registry Registrar Agreement) OR Registrant’s Unauthorized transfer of domain OR Renewal/Redemption/RGP (Redemption Grace Period) related OR any Generic Complaint OR Abusive Activity in gTLDs/ccTLDs OR Privacy Concerns OR WHOIS’s inaccuracies & so on. Most of the issues are first addressed to the respective Registrar.  

Further, as ICANN accredits Registrars under a contractual agreement to facilitate (not maintain) gTLDs (eg. .com, .net), whilst, does not set standards for ccTLDs wherein cc stands for country code (eg. .us, .uk, .in, .jp), which are managed by country specific managers/registrars/operators; So, depending on which domain one’s using, one must first approach to the respected Registrars/Managers/Operators/Dispute Resolution Provider. For example, .in related disputes is brought directly to INDRP for arbitration rather going to UDRP. The procedure is basically similar all over World to their own country specific managers. There’re Dispute Resolution Providers’ List one can select from.

Just a personal annexure - Domain/Registrations shouldn’t be just wiped out even post grace period or non-renewal.😊

© Pranav Chaturvedi

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