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Domain name disputes and the UDRP process

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The short version

  • The UDRP is ICANN's policy for settling some disputes over a domain name.
  • A complainant must prove three things. All three.
  • A panel can only cancel the name or transfer it. It can't award money.
  • Courts stay open to both sides.
  • This page is general information, not legal advice.

What the UDRP is

Sometimes another party says your domain name unfairly uses their trademark. A trademark is a name or mark a business uses to tell its goods or services apart. The UDRP is a set of rules for dealing with that kind of claim. Its full name is the Uniform Domain Name Dispute Resolution Policy.

When you register a domain, your registrar's agreement with you includes this policy. So you must take part if a third party, called the complainant, brings a claim under it.[1] A neutral panel hears the claim. The panel is the person or small group who decides it.

People often call the habit of registering a name that matches someone else's trademark cybersquatting. The UDRP is one way to challenge it. For the ordinary rules about who owns a domain, see what you own.

What the complainant must prove

The complainant has to show three things.[1]

Three boxes in a list. One: your domain is the same as, or close to, their mark. Two: you have no rights or legitimate interest in it. Three: it was registered and is used in bad faith.
A complainant has to prove all three of these.

First, your domain is identical or confusingly similar to a trademark in which the complainant has rights.[1] Second, you have no rights or legitimate interests in the name.[1] Third, the name was registered and is being used in bad faith.[1]

The policy is plain that the complainant must prove that each of these three elements is present.[1] If one is missing, the claim fails.

What "bad faith" can look like

The policy gives examples. One is registering a name mainly to sell it to the trademark owner. Or to a competitor. The price must be above your documented costs.[1] The list isn't complete.

The policy also lists ways an owner can show a real interest in a name. One is being commonly known by the name, even with no trademark.[1] So a small business or club with a real name has some protection.

What a panel can order

A panel has only two options. It can cancel the domain, or transfer it to the complainant.[1] It can't order anyone to pay damages under this policy.

Decisions are published in full online, apart from exceptional cases.[1]

After a decision, your registrar waits ten business days before acting on it.[1]

Three boxes joined by arrows: a complaint, the panel decides, then ten business days. A note says the name is then cancelled or transferred unless a court case has been started.
The steps after a panel decides.

Courts stay open

The UDRP doesn't replace a court. Either side can take the dispute to a court before a panel case starts, or after it ends.[1] Say a panel orders a cancel or transfer. You then start a lawsuit in the right place within those ten days, and send proof. The registrar holds off.[1]

Two boxes side by side. The UDRP panel can only cancel or transfer the name. A court is still open to both sides, before or after a panel.
A UDRP panel is not the only route. Courts stay open.

What to do if you get a complaint

  • Read every message. Don't ignore it.- Keep the email on your record working, so notices reach you. See the registrant page.
  • Check the status words on your domain, so you know what is on it.
  • Ask a qualified lawyer about your own case. Trademark law differs from country to country, and this page can't judge your situation.

Sources

  1. Uniform Domain Name Dispute Resolution Policy, ICANN (accessed 2026-11-13)