Stopping Cybersquatters with UDRP

What Is Cybersquatting?

Cybersquatting occurs when someone registers a domain name that is identical or confusingly similar to a trademark they have no legitimate right to use. Cybersquatters often register these domains with the intent to profit—whether by selling the domain back to the trademark owner at an inflated price, diverting web traffic, or tarnishing the brand's reputation.

The UDRP Process

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is an international arbitration process established by the Internet Corporation for Assigned Names and Numbers (ICANN). It provides trademark owners with a streamlined, cost-effective alternative to litigation for recovering domain names registered in bad faith.

To prevail in a UDRP proceeding, a trademark owner must establish three elements:

1. The domain name is identical or confusingly similar to a trademark in which the complainant has rights.
2. The domain name registrant has no legitimate interest in the domain name.
3. The domain name was registered and is being used in bad faith.

Evidence of Bad Faith

Bad faith can be demonstrated through a variety of circumstances, including registering a domain primarily to sell it to the trademark owner, registering the domain to prevent the trademark owner from using it, registering the domain to disrupt a competitor's business, or using the domain to attract visitors by creating confusion with the trademark owner's brand. Bad faith can often be inferred if the domain is being used for pornographic or gambling content.

Advantages of UDRP

Compared to traditional litigation, UDRP proceedings offer several advantages for trademark owners. The process is typically resolved within two to three months, is significantly less expensive than federal court litigation, and the decisions are binding on domain registrars that participate in UDRP. If successful, the infringing domain name is transferred to the trademark owner or is cancelled.

How We Can Help

Our experience in UDRP proceedings allows us to build compelling cases for trademark owners seeking to recover domain names. We handle the entire process—including evaluating the strength of your claim and drafting and filing the complaint.