Click To Get Book : Domain Name Law and Practice: An International Handbook
Are you familiar with the phrase ‘domain name dispute’?
If you have never heard the term, much less dealt with this issue, it is not a big deal.
Here you will find some common facts about domain name disputes such as why they occur and what can be done. (By the way, you can visit my site for Good available premium domain names.)
Domain Name Dispute Outlined
Many people are curious about what constitutes a domain name dispute, this is a good question.
Many times, domain name disputes arise when a name was formerly held by someone else or is the same as a particular trademark or service.
Studies show that the most common disputes occur when a domain name was held by an individual or company but was never properly renewed usually for lack of payment.
You might wonder how that could occur; sometimes it is merely a matter of miscommunications because of a bad email or lost correspondence.
Once the domain ‘expires’, it is placed back up on sale by various registrars.
If you have found yourself in the middle of domain name disputes, you should note that most if not all of these can be handled through ICANN.
Simply refer to the Uniform Domain Name Dispute Resolution Policy or UDRP for more information. All official registrars are bound by the policies outlined by ICANN.
The UDRP will set forth all rules and regulations governing domain name disputes up to and including court issues.
All registrars that deal in top-level domain names with extensions such as .net, .org or .com are bound to follow the UDRP.
Accordingly, some of the trademark domain name disputes will be resolved by arbitration, court proceedings or agreement before the registrar transfers or suspends the domain name.
Other times, domain name disputes are the result of abusive registration processes; these can be addressed through administrative procedures by the owner of the trademark.
They simply file a complaint with an accredited domain name dispute service professional.
As organizations authorized by ICANN, dispute service providers have the responsibility of arbitrating disputes.
You need to also know up front that a domain name can’t be transferred, suspended or cancelled during dispute proceedings.