Domain Name Protection

A domain name dispute resolution is brought up at arbitration centers such as World Intellectual Property Organization (WIPO) and Asian Domain Name Dispute Resolution Center (ADNDRC) when brand owners believe that domain name registrations have been interfering with their trademark or other prior rights. For example, Gucci may believe that guccilove.com or guccilove.cn might interfere with its Gucci trademark and is entitled to raise a domain name dispute resolution.

It depends on the domain name extensions. The Uniform Domain Name Dispute Resolution Policy (UDRP) applies to all Generic Top-Level Domains (gTLDs) administered by the Internet Corporation For Assigned Names and Numbers (ICANN), such as .aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and travel, as well as all upcoming new gTLDs.

For country code Top-Level Domains (ccTLDs) which is usually admintered by its respective country authorities, different dispute resolution policies might apply. For .cn domains which are adminitered by the China Internet Network Information Center (CNNIC), its China Domain Dispute Resolution Policy (CNDRP) shall apply.

Each arbitration center has its own procedural rules that apply to particular procedures.

A complainant needs to prove the following elements in order to succeed in a domain name dispute proceeding:

(i) the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) domain registrants have no rights or legitimate interests in respect of the domain name; and

(iii) the domain name has been registered and is being used in bad faith.

The WIPO is the biggest domain name dispute resolution arbitrator in the world for all gTLDs and some specific ccTLDs. The ADNDRC is also a big player to adjudicate all gTLDs disputes and some ccTLDs.

For .cn and .com.cn domains, there is a specific arbitration center called China International Economic and Trade Arbitration Commission that is administering dispute complaints.

Once a complaint is filed, the arbitration center may process the dispute pretty fast, usually within one to two months. Therefore, preparation before filing a complaint is the key.

The arbitration centers will either transfer the domain name to the complainant or cancel the registration of disputed domains.