How Does Domain Name Arbitration Work?

Domain name violations such as cybersquatting and typo-piracy are commonly resolved through cease-and-desist letters that ask the site to transfer domain. In rare instances when this approach is not effective, arbitration can be pursued to resolve the issue.

To help address the cybersquatting problem, the Internet Corporation for Assigned Names and Numbers (ICANN) adopted the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999. If brand owners believe that they are the victims of abuse, the UDRP permits complainants to file a case with the service provider.

As a result of arbitration, a domain name can be canceled or transferred, or the respondent may be allowed to keep the domain name. According to the World Intellectual Property Organization (WIPO), factors that guide the decision of the arbitration panelists include:

  • Whether the domain name is identical or confusingly similar to a trade-mark or service mark in which the complainant has rights.
  • Whether the respondent has any rights or legitimate interests in the domain name (e.g. offers legitimate services and products under the domain name).
  • Whether the domain was registered with the purpose of being used in bad faith.

Sibername is a domain name and web hosting company that works to provide stability, security, and accessibility for all of its clients. Check our website for the availability of new generic top-level domains (gTLD).

 

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