When seeking to recover a cybersquatted domain name, many trademark practitioners are unsure whether they should proceed with the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or the Uniform Rapid Suspension System (URS) process. Which is the right solution for you?
The URS was drafted not to compete with the UDRP, but to complement it—the URS almost exclusively focuses on the new generic top-level domains (gTLDs). The URS process is generally similar to the process under the UDRP.
For both, the trademark holder must prove that:
- The domain name is identical or "confusingly similar" to the legally held trademark;
- The domain name has no legitimate rights; and
- The domain name was registered in bad faith.
Under the URS, an administrative review is conducted within two business days of the submission. Upon completion of the review, the registry operator for the domain name freezes the domain and sends notice to the cybersquatter. The cybersquatter has 14 days to submit a response. In order for the trademark holder to prevail in the proceeding, it must prove not only that the domain names are identical or "confusingly similar," but that it: (i) holds a valid and current registration; (ii) holds validation via court proceedings; or (iii) has specific protection by an effective treaty or statute at the time the complaint is filed. Continue reading by clicking the link below.
This article was posted in the September / October 2018 World Intellectual Property Review (WIPR).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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