If you discover someone making impermissible use of your trade mark in a domain name, you may want to take action to regain control of your trade mark. The form of the action you take will depend on a number of factors, including the cost and speed of proceedings as well as, of course, your prospects of success.
The Uniform Rapid Suspension System and the Uniform Domain Name Dispute Resolution Policy offer two ways to swiftly resolve disputes at a fraction of the cost of litigation. The price for such increased speed and reduced cost is that their requirements are relatively stringent, and their procedures somewhat less flexible than litigation, but they are used by thousands of brand owners every year to quickly stamp out illegitimate uses of trade marks.
What follows is a summary of the key distinctions between the URS and the UDRP, including the criteria for filing a successful Complaint and the fees for doing so, at the two most popular providers: the World Intellectual Property Organisation (“WIPO”); and the National Arbitration Forum (“NAF”).
Click here to view table.
Choosing either the URS, the UDRP or an alternative course of action will depend on a number of factors that cannot be reduced to an entry in a table, so it is important that you consult a domain name specialist at the first sign of a dispute to maximise your chances of successfully protecting your brand. Please contact your local domain name expert if you would like to discuss any issues concerning domain name law and practice.