The Uniform Domain Name Dispute Resolution Policy is the grandfather of domain name dispute policies, having been approved by ICANN back in October 1999. It governs arbitration proceedings involving the most important gTLDs, including disputes about .com, .net, .org, .biz and .info domains. In addition, some ccTLDs registries have voluntarily adopted the UDRP.

The UDRP was promulgated by ICANN; however, ICANN is not responsible for providing dispute resolution facilities. There are presently four providers accredited fro gTLD disputes: WIPO Arbitration and Mediation Center, the National Arbitration Forum, the CPR Institute for Dispute Resolution, and the Asian Domain Name Dispute Resolution Center. WIPO and NAF handle the vast majority of the cases.

The .uk registry is the world’s fourth largest (after the .com, .org and .de registries). It is administered by Nominet, a not-for-profit company based in Oxford, England. Nominet acts not just as the .uk registry, but also as the .uk dispute resolution service provider.

Nominet does not use the UDRP for dispute resolution, but has instead created a distinctive system inspired by the UDRP. The substantive rules governing .uk disputes are set out in Nominet’s dispute resolution policy document (referred to below simply as the “Policy”) and its dispute resolution procedure document.

Procedural rules

Have you ever had a third party register a domain name that is either exactly the same or very similar to your trademark? If so, it may be a Cybersquatting issue. Cybersquatting is registering, trafficking in, or using a domain name with a bad-faith intent to profit from the goodwill of a trademark belonging to someone else. To address this issue, Congress enacted what is known as the Anticybersquatting Consumer Protection Act (”ACPA”). The ACPA amended the Lanham Act by providing trademark owners with a civil remedy against cybersquatting.

The creation of the .eu domain was endorsed by the European Parliament back in March 2000, but took 5 more years to become a reality. The motive for introducing a European TLD was to “accelerate electronic commerce” in the EU; it was also part of the effort to promote Community-consciousness, both within the EU and without. The domain has certainly been a success, quickly becoming one of the world’s most popular TLDs; but with that success has come conflict.

Institutions