what is a domain dispute

What is a domain name dispute?

What is a domain name dispute?

A domain name dispute is a fairly common type of lawsuit these days. A domain name dispute occurs when a domain name is being held by another person. Usually, the person is holding it because the domain name has value or the name has a value in a trademark. There are some domain name disputes studies which show that oftentimes the domain name dispute arise over domain names that were formerly held and were not properly renewed and paid for. But how come that such domain name disputes arise? One reason for that is perhaps due to incorrect e-mail addresses or let us says other mistakes and miscommunications. So once the domain name becomes accessible, another domain name consumer may legitimately own it regardless of whether you used to own it or not. At this point you should consult with an experienced domain dispute lawyer.

Under the UDRP, all the registrars in the top-level domain names such as .com, .net, and .org are subject to follow the Uniform Domain Name Dispute Resolution Policy. Under this matter, some types of trademark-based domain name disputes should be resolved by agreement, court move, or arbitration prior to the registrars' suspension and transfer of the domain names. Besides, the domain name disputes are also alleged to surface from abusive domain name registrations that may be addressed by accelerated administrative procedures that the owner of trademark rights performs through filling a complaint with an accepted domain name dispute resolution service contributor.

The dispute service providers, as organizations permitted by the ICANN, thus holds the responsibility to arbitrate the disputes. And in case of a domain name during a dispute, it is important to know that the domain names cannot be cancelled, suspended or even transferred during a domain name dispute. Make sure you contact an experienced internet law attorney.

It is important to note that the results of UDRP arbitrations of legitimate disputes (not abusive registrations such as cybersquatting and cyberpiracy) have been held not to constitute an arbitration subject to the Federal Arbitration Act, and consequently are not binding on the courts. The reasons include: the UDRP does not restrain either party from filing suit before, after, or during the administrative proceedings; complainants are under no obligation to avail themselves of the UDRP; and the remedies available through the UDRP are narrow and specific. With regard to legitimate disputes, the reasons for using the non-binding UDRP are that the UDRP provides a relatively fast and inexpensive way to learn the strength of an infringement allegation before going to court. The UDRP is also very useful for resolving disputes in situations where domain name transfer to the trademark holder is the appropriate remedy.

what is a domain dispute

By: Mervin Miller

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