Domain Name Disputes and UDRP Proceedings

In the context of domain name governance, there is no formal opposition stage comparable to trademark registration procedures. However, third parties who believe that a domain name has been registered or is being used in violation of their existing rights may initiate dispute resolution proceedings under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). This administrative procedure, overseen by the World Intellectual Property Organization (WIPO) and other approved dispute resolution providers, offers a streamlined and cost-effective mechanism to challenge domain name registrations that are alleged to have been made in bad faith. 

UDRP complaints are typically brought by trade mark holders or other rights owners who contend that a domain name is identical or confusingly similar to their mark, that the domain holder has no legitimate rights or interests in the domain, and that the domain has been registered and is being used in bad faith, for example, with the intent to sell it to the rights holder, divert customers, or damage the brand’s reputation. Where a UDRP panel finds in favour of the complainant, the disputed domain name may be transferred or cancelled. The process does not involve traditional courts, and no damages are awarded, but it provides an efficient remedy in cases of cybersquatting or misuse. 

In addition to UDRP proceedings, it is also possible to bring court actions or pursue national dispute resolution procedures, such as ADR.eu under the .eu domain system, depending on the domain name extension and the applicable rules. 

Unlike cancellation proceedings in trademark law, which may be based on broader grounds such as non-use or loss of distinctiveness, domain name disputes under the UDRP are narrowly focused on abusive registration and use. However, certain registries and legal systems do allow for broader forms of redress under national law, particularly in cases involving unfair competition, passing off, or misrepresentation. Appeal mechanisms within the UDRP framework are limited, as panel decisions are final and binding unless challenged in a competent national court. As such, domain name holders or complainants seeking to contest a UDRP decision must do so through judicial proceedings, typically within a short window following the panel’s decision. 

At De Clercq & Partners, we assist clients in both filing and defending UDRP complaints, advising on strategy, preparing evidence, and ensuring that domain name rights are enforced effectively and in alignment with broader intellectual property portfolios.