Domain Talk Blog » dispute resolution http://www.domaintalkblog.com Domains and Domain Registration Thu, 25 Nov 2010 02:51:22 +0000 en hourly 1 http://wordpress.org/?v=3.0.3 Domain Name Disputes http://www.domaintalkblog.com/2010/10/06/domain-name-disputes/ http://www.domaintalkblog.com/2010/10/06/domain-name-disputes/#comments Wed, 06 Oct 2010 08:05:46 +0000 Emman Alcide http://www.domaintalkblog.com/?p=66 Continue reading →]]> As a lecturer on Web Development Trends and technologies, My students often asked me questions like “What happens if someone wants the same domain name? What if someone register your company’s name and does not want to give the name back to you or sell it to you? Will you get sued if you register the name of a prominent company? What happens next?”

My answer is always the same, Domain Name Dispute.

Domain name disputes happens when a company finds that the domain name corresponding to their corporate name or product trademark is registered by others. The company can either choose a different name or fight to get the domain name and this is where the domain name dispute enters.

All domain registrars follow the ICANN (Internet Corporation for Assigned Names and Numbers) policy. The ICANN helps regulate the internet’s unique identifiers such as domain names. Without ICANN and its policies, anyone can own a domain name even if it is a trademark of an existing company or product. For example, I can own www.microsoft.com even if its not my company or trademark.

When a domain name dispute occurs, the complaining party can always go to the court and file complains, although the courts and judges can award ownership of the domain name, the process is slow for both companies need to prove and submit supporting documents showing that they have more rights on the domain name. Usually, domain name dispute avoids courts and usually come up with a settlement for both parties.

Another speedy resolution for domain name dispute is the UDRP or Uniform Domain-Name Dispute-Resolution Policy, the policy allows domain registrars to cancel, suspend or transfer domain names if the domain-holder is proven to be a cybersquatter or those who register the company name of trademark products for malicious purposes.

So before you think of registering celebrity names and claiming them as yours, think again because cyberspace is also being regulated by laws and policies.

]]>
http://www.domaintalkblog.com/2010/10/06/domain-name-disputes/feed/ 0
What to do when you have a domain dispute? http://www.domaintalkblog.com/2008/03/04/icann-udcp/ http://www.domaintalkblog.com/2008/03/04/icann-udcp/#comments Tue, 04 Mar 2008 07:33:58 +0000 Domain Man http://domaintalkblog.com/2008/03/04/icann-udcp/ Continue reading →]]> You need to call upon the UDCP when you have a domain name dispute. All registrars in the .biz,.com, .info, .name, .net, and .org top-level domains follow the Uniform Domain Name Dispute Resolution Policy (UDCP).

Registrars typically will not do anything unless there is a court action or arbitration, particularly if there are trademark issues.

If you have an issue you are probably looking to have a domain canceled, suspended, or transfer a domain name.

So what do you do? Well if you are a Trademark holder you can (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider.

Find more here.

]]>
http://www.domaintalkblog.com/2008/03/04/icann-udcp/feed/ 0