What is the UDRP?

The UDRP is not some new rail system, but a method for resolving disputes relating to ownership of domain names.  The Uniform Domain Name Dispute Resolution Policy or UDRP is a process for Trademark  (TM) owners to assert claims to domain names that utilize their TM in violation of their rights.  Often domain names are registered by others to benefit from a TM owner’s goodwill or to acquire a domain name and attempt to sell it to the TM owner. 

The UDRP allows a TM owner to file a Complaint and a Brief in Support of the claim to the domain name based on the strength of their Trademark.  The UDRP process is a more easy and efficient vehicle for the owner of a famous trademark to avoid the needless costs and fees associated with a civil lawsuit against the domain name owner.  The UDRP is a limited process, whereby, a panel reviews the Complaint and the parties respective briefs to decide who has a superior claim to the domain name. 

Although the UDRP process is easier and more cost effective, it does not permit the TM owner to get fees or damages.  The UDRP process only permits the owner to sue to recover the rights to the domain name.  However, this process provides a TM owner the option to recover the domain name without having to buy the domain name from the owner.

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