1. What the UDRP is
The UDRP is a policy adopted by ICANN that applies to every domain registered in a generic top level domain such as .com, .net, .org, .xyz, .shop, .app or .dev, and to some country code extensions that have adopted it, for example .co and .me. It gives trademark owners a fast, document based procedure to deal with abusive registrations, often called cybersquatting, without going to court.
A complaint is filed with an approved dispute resolution provider, not with NameBest. An independent panel of one or three experts decides the case, usually within about two months of filing. The panel can order the domain to be cancelled or transferred to the complainant, or it can deny the complaint. It cannot award money.
The official texts are the Uniform Domain Name Dispute Resolution Policy and the Rules for Uniform Domain Name Dispute Resolution Policy. The list of approved providers is on the ICANN website. If this summary and the official texts differ, the official texts apply.
2. What a complainant must prove
To win a UDRP case, the complainant must prove all three of these elements:
- the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
- the registrant has no rights or legitimate interests in the domain name;
- the domain name has been registered and is being used in bad faith.
Bad faith can include registering a name mainly to sell it to the trademark owner or a competitor for more than the documented costs, registering names to stop the trademark owner from reflecting the mark in a domain where this is a pattern of conduct, registering a name mainly to disrupt a competitor, or using a name to attract users for commercial gain by creating confusion with the mark.
3. How a registrant can show legitimate interest
The registrant can answer a complaint and show rights or legitimate interests, for example by showing that:
- before notice of the dispute, the registrant used the name, or made demonstrable preparations to use it, for a genuine offering of goods or services;
- the registrant, as a person, business or other organization, has been commonly known by the name;
- the registrant makes a legitimate noncommercial or fair use of the name, without intent to mislead consumers or to tarnish the mark.
4. The procedure step by step
- Step 1. The complainant files a complaint with an approved provider and pays the provider fee.
- Step 2. The provider asks the sponsoring registrar to confirm the registrant data and to lock the domain. The lock is applied within two business days.
- Step 3. The provider sends the complaint to the registrant, who has 20 days to file a response.
- Step 4. A panel is appointed and normally issues its decision within 14 days of its appointment.
- Step 5. The provider sends the decision to the parties and to the sponsoring registrar, and the decision is published.
If you receive a complaint about a domain in your NameBest account, read it carefully, check the deadline, and consider getting legal advice. NameBest cannot represent you and does not decide the case.
5. The lock during a dispute
From the moment the sponsoring registrar receives a verification request from the provider, the domain is locked. While the proceeding is pending and for 15 business days after it ends, you cannot transfer the domain to another registrar or change its registrant. You can still renew the domain, and you should: if it expires during the case, the complainant may be able to renew it instead. DNS settings normally continue to work during the case.
This lock is separate from the transfer lock you control in the dashboard and from the 60 day lock described in our Transfer Policy.
6. How we act on a decision
When a panel orders the cancellation or transfer of a domain registered through NameBest, the sponsoring registrar implements the decision after 10 business days from the date it is notified, unless during that period the registrant sends official documentation, such as a copy of a complaint file-stamped by the court, showing that a lawsuit about the domain has been started against the complainant in a court of competent jurisdiction.
If such documentation arrives in time, the decision is not implemented. The domain stays locked until we receive satisfactory evidence that the parties have settled, that the lawsuit has been dismissed or withdrawn, or a court order stating that you have no right to continue using the domain.
If the panel denies the complaint, the lock is lifted after the proceeding ends and the domain stays with you.
If the complainant wins a transfer, the domain moves to an account chosen by the complainant at the sponsoring registrar or at the registrar the complainant uses, and it is removed from your NameBest account. No refund is due for a domain lost in a dispute, as explained in our domain refund policy.
7. The Uniform Rapid Suspension System
The URS is a faster and cheaper procedure for clear cases of abuse in the new generic extensions such as .xyz, .shop, .app and .dev. It requires clear and convincing evidence of the same three elements as the UDRP. The registry locks the domain within 24 hours of the complaint. If the complainant wins, the domain is suspended for the rest of its registration period and shows a page that it was suspended under the URS. The domain is not transferred, and the complainant can extend the suspension for one more year. The registrant can appeal.
The official texts are the URS Procedure and Rules.
8. Country code extensions
Country code extensions such as .io, .ai and .us have their own dispute policies set by their registries. Some follow the UDRP closely and some use their own procedure and providers. The policy of each registry is part of your registration under our registration agreement. Check the registry policy for the extension before you file or answer a complaint.
9. Courts and other remedies
The UDRP does not stop either party from going to court, before, during or after a proceeding. A court decision takes priority over a UDRP decision. NameBest follows orders from courts of competent jurisdiction about domains registered through us, and the sponsoring registrar follows orders that apply to it.
10. Our role and contact
NameBest does not decide trademark disputes and does not take a side. We pass provider requests to the sponsoring registrar, lock domains when required, inform registrants, and carry out decisions as described above. If a domain is used for phishing, malware or fraud, report it under our Acceptable Use Policy instead: that is handled separately and faster.
Questions about a dispute involving a domain in a NameBest account can be sent to [email protected]. Your rights as a registrant are summarized on our registrant rights page.