UDRP: Domain Name Disputes

How do you resolve a dispute over a domain name? For example, if you own Widgets, Inc. (and use that name in commerce), and another person registers www.widgetsinc.com, what can you do?  Among other options, the Internet Corporation for Assigned Names and Numbers (ICANN) has a streamlined Uniform Dispute Resolution Procedure (UDRP) that allows for an expedited process to resolve these types of disputes.

To win, complainant in a UDRP proceeding must show that (1) the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights, (2) the registrant does not have any rights or legitimate interests in the domain name, and (3) the domain name has been registered and the domain name is being used in "bad faith". As Korben Dallas (also known as Bruce Willis) knows, the Third Element is often very difficult to establish. More information on ICANN's UDRP at this link.