By Josh Bourne
FairWinds Partners recently marked our 300th successful Uniform Domain-Name Dispute-Resolution Policy (UDRP) outcome, bringing our overall success rate to 99.75%.
FairWinds has a long history of success when it comes to reclaiming domain names on behalf of FairWinds’ clients. Nearly 400 complaints have been filed on behalf of FairWinds’ clients to-date, a quarter withdrawing and settling without a need for the UDRP arbitration process.
UDRP & Benefits to Domain Owners
The UDRP is a standardized legal procedure created by ICANN that provides brand owners and trademark holders a quick, relatively inexpensive, and easy means to resolve disputes regarding a trademark-infringing domain name.
A key benefit of the UDRP is the relative expediency in which resolutions are delivered, typically within 45 days of filing. UDRP filings do not require discovery, witness cross-examination, or even a hearing. Thus, the overall cost of filing a UDRP, as compared to more formal litigation, could be significantly less expensive and might be the right option for clear cases with minor fact issues.
When preparing to file a UDRP, a filer must be able to prove the following:
- The domain name is identical or confusingly similar to your trademark
- The Respondent has no rights or legitimate interests in the domain name
- Registration and use of the domain name is in bad faith
Emerging UDRP Trends
In the last year we have seen two emerging trends in the type of UDRP cases being brought to action:
- Increased use of Fast Flux DNS over pay-per-click parking, which can be more lucrative for squatters and more damaging to brands
- Cases that involve multiple domain names, suggesting a rise in organized squatting by domain investors with sizable portfolios of names
Conclusion
When considering filing a UDRP, seeking experienced and consistently successful counsel is critical, as UDRP cases cannot be re-filed for any mistakes. In concert with an expert domain name advisor, infringing domain names can be identified and recovered expediently and with minimal cost.
With evidence of an increase in cybersquatting and bad faith registrations as well as the proliferation and spread of malware through Domain Servers, the use of UDRP cases will continue to rise. Make sure your brand is protected by the best.