Disputed Domain Names

Disputed domain names are domain names that are identical or extremely similar to the complainant's trademark or right. Dispute over domain names has become a common phenomenon these days with the rapid growth of domain names on the Internet. When a domain name is allotted to a person, he becomes the holder or owner of that particular domain. He can file a suit when he finds any unauthorized use of his domain name.

A domain registrant can willfully or unknowingly register a domain name comprising a third party's trademark or service mark rights. Under most circumstances, registrars are very careful in the assignment of domain names. However, in some cases, the registrars may not realize that a particular domain name is indistinguishable from or quite similar to another existing domain name and may allow its use. In these cases, disputes arise.

All challenges and disputes over domain names are decided according to the rules set forth by the UDRP (Uniform Domain Name Dispute Resolution Policy.) This policy has laid down several restrictions related to the use of Internet domain names ending in the top level country code extensions and the .info, .biz, .name, .com, .org and .net extensions. Under ICANN's Uniform Domain Name Dispute Resolution Policy, any domain holder can file a suit in the appropriate court to claim his rights. A domain registrant can file a suit when a third party uses a domain name that is closely similar or almost indistinguishable from his own domain name for any commercial gain or to disrupt his business, or when his domain name is used in bad faith. The third party has no rights or lawful claim with regard to his domain name.

If disputes arise, the holder of the domain can also file a complaint with any service provider appointed by the UDRP Policy to resolve disputes. All disputes regarding domain names are mostly resolved either by agreement or court action. In some cases, these disputes are resolved through arbitration before a registrar. This will finally lead either to the cancellation, suspension or transfer of the domain name.