The below advice provides you with an overview of the UDRP. As stated, cases are decided according to the UDPR Rules. The UDRP procedure is designed for domain name disputes that meet the following criteria (UDRP, paragraph 4(a)):
(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and
(iii) the domain name has been registered and is being used in bad faith.
The following circumstances will be evidence of registration or use of the domain name in bad faith:
- a) the domain name has been registered or acquired primarily for the purpose of selling, licensing or transferring it to another party for a fee exceeding the out-of-pocket expenses directly related to the domain name;
- b) the domain name has been registered to prevent the owner of a trademark (or name in the case of the auDRP) from registering that mark or name as a domain name;
- c) the domain name has been registered primarily to disrupt the business or activities of another party; OR
- d) the domain name has been used intentionally to attract, for commercial gain, internet users to a website by causing confusion as to the complainant’s name or mark being the source of or in some way affiliated with the website, or products or services offered via the website.