Domain Name Dispute Resources
FORUM has been administering domain name disputes since 1999. While most domain name cases are trademark disputes resolved under the Uniform Domain Name Dispute Resolution Policy (UDRP), there are many similar policies adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for generic top-level domains (gTLDs). In addition, many gTLD registries and country-code top level domains (ccTLDs) have adopted specific practices and requirements that may be followed using FORUM's dispute resolution services. FORUM handles disputes for any ccTLD that has adopted the UDRP, and some policies for countries that have adopted other similar policies, including the United States (usTLDs).
Domain Dispute Glossary
Which Policy Do I Need?
With so many different domain name-related policies, how do you know which one to use? The chart below highlights some of the more common questions and outlines some considerations for choosing the right policy. The links will direct you to more information on the policy in question.
| Problem | Policies | What you need to know |
|---|---|---|
| Someone is infringing my trademark or company name in a domain name. | UDRP URS CentralNic’s CDRP usDRP usRS | The UDRP applies to all generic top-level domains (gTLDs), from .com to the newest top-level domains. It applies to many country code top-level domains (ccTLDs) as well—sometimes even to third-level domains in those ccTLDs. It also applies to third-level domains registered in .co.com. You must have a trademark to use this policy. The UDRP applies to all generic top-level domains. The usDRP is the equivalent policy for the .us ccTLD. The URS applies to all gTLDs that went live starting in 2013. It’s similar to the UDRP. Key differences include: you cannot get the domain name transferred to you (it gets suspended for a year), you must have a registered trademark, and the burden of proof is higher. The usRS is the equivalent policy for the .us ccTLD. CentralNic’s CDRP is almost identical to the UDRP. It applies to third-level domains registered in the second-level domains operated by CentralNic. You must participate in CentralNic mediation before filing a Complaint. |
| Someone stole my domain name. | UDRP URS | If you have a trademark, the information above applies. If you do not have a trademark, you need to contact ICANN or the Registrars involved to try to get your domain name back. |
| I have a dispute over a domain name registered in a ccTLD. How do I know if the UDRP applies or if FORUM handles that dispute? | usDRP usRS | FORUM’s ccTLDs page lists the ccTLD domain name disputes FORUM will administer. Countries sometimes adopt the UDRP in its entirety or adopt a very similar policy. If a country adopts the UDRP, any UDRP provider can handle the case. If a country creates their own policy, even if it is very similar to the UDRP, the country will often specify providers. If there is a question on whether or not FORUM is able to administer a ccTLD domain name dispute, please contact us. |
| A Registrar won’t allow my domain name to be transferred to a new Registrar or has allowed my domain name to be transferred against my will. | TDRP | There is a policy designed to enforce the Inter-Registrar Transfer Policy. Disputes under the Transfer Dispute Resolution Policy can only be brought by a Registrar against another Registrar. In order to benefit from this policy aggreived parties need to solicit support from the Registrar. The loser pays in this system. If your Registrar is not willing to help you, you may wish to contact ICANN. |
Registration Policies
A Registry has specific registration policies that are not being followed:
| Problem | Policies | What you need to know |
|---|---|---|
| By the Registry itself | PDDRP RRDRP | ICANN has two policies that can be used to hold a Registry accountable for not following the Registry’s own policies or for encouraging trademark infringement. Both the PDDRP and RRDRP have as a remedy sanctions against the Registry. |
| By the Registrar | Contact ICANN | There are no policies that allow Complaints against a Registrar, however, Registrar Complaints are followed up by ICANN. |
| By the Registrant | SDRP REDRP Custom Policies | The SDRP is a policy of limited duration that can be used to challenge a domain name obtained during the Registry’s sunrise period. These SDRP's are listed on our Custom Policies Page by TLD. Some Registries have established special registration requirements and corresponding policies for disputing a domain name’s registration in violation of those requirements, including the REDRP. Our Custom Policies page lists those policies by TLD. |
Other Domain Related Issues
Some issues and problems cannot be easily addressed with a dispute resolution policy.
| Problem | What you need to know |
|---|---|
| My domain name was stolen or my web designer won’t transfer my domain name to me and I don’t have a trademark or the domain name is generic. | If working with the Registrars and ICANN is not effective, you may need to seek remedies in a court of competent jurisdiction. |
| My trademark is being infringed in a ccTLD but I cannot find evidence of a dispute policy. | Unfortunately, many ccTLDs have not made provisions for dispute resolution policies. Generally, the options are either to work with the Registrant directly, reach out to the Registry for help, or file a Complaint in a court in the Registrant’s jurisdiction. |
| I had an agreement for a sale of a domain name and the other party backed out. | No dispute resolution policies apply. This type of dispute would fall under contract law and you would need to file a complaint in court. |
| Someone is parking a domain name that I want to buy or refuses to negotiate with me over the purchase of a domain name I want. | The Policies cannot be used to obtain a domain name that someone is unwilling to sell you. Some of the policies listed above, like UDRP, might apply if you have a trademark that is being infringed. |
Privacy Law Implications for UDRP and URS
The European Union General Data Protection Regulation (GDPR) and other privacy laws have and will continue to have an impact on the accessibility of registration information. As of May 25, 2018, publicly available registration information may not include full contact information for domain name registrants. On May 17, 2018, ICANN released a Temporary Specification for gTLD Registration Data (“Temporary Specification”) to address the implications of GDPR. See, Temporary Specification. FORUM has continued to accept and administer domain name disputes under the UDRP and URS pursuant to the Temporary Specification.
Once the Complaint is filed, FORUM will contact the Registrar or Registry to obtain the information and will be provided with Registrant information upon the filing of a Complaint.
In UDRP cases, FORUM will then request that the Complainant amend the Complaint to reflect the registration information provided by the Registrar. Arguments regarding the publicly available contact information may be addressed in the Complaint.
Technical Questions
- The site supports Windows Internet Explorer, Mozilla Firefox, Google Chrome, and Safari (for Mac or PC), but works best with Chrome. If you are having trouble in one browser, please try another if possible.
- Please be sure to file as a Guest unless you are sure you have a Portal login sent to you by FORUM.
- If you are uploading documents, be sure to consult Annex A to FORUM's Supplemental Rules. File types not permitted by FORUM's Supplemental Rules may not be uploaded.
- If you get to the end of the submission process and paid a fee with a credit card and receive a 'transaction declined' message, there is a problem with the credit card processing. If you are certain you have sufficient funds available, please contact your credit card company to determine why they have transmitted an error code.
- If you get to the end of a submission and are redirected to the start page without getting a confirmation screen or confirmation email, it is highly unlikely your case was submitted. Please try again. If you enter the domain name and receive a message that there is already a case with that domain name in the system, the submission was not received. Please continue with refiling.
- If you have an Amended Complaint or other document to file, you may do so via email. Otherwise, you may request a Portal account (from your case coordinator). Once on the Portal, you can upload all documents and requests, and pay any fees online, as well as manage all of your cases electronically from the dashboard.
- What were you trying to do? (Be as specific as possible: 'I was clicking 'upload doc'' or 'I was entering my domain names by copying and pasting.'). If you can copy/ paste the URL for the page , it will help expedite the response.
- Provide a screen shot of the error.
- How many times did you try it ?
- Are you using a Mac or PC ?
- What is your Internet browser ?
- Were you able to work around the issue for now (perhaps by filing manually or emailing the extra documents, etc) ?
Domain Name Dispute Policies & Resources
If I want to hire or talk to a lawyer about my situation, who do you recommend?
FORUM is unable to recommend a lawyer, but all FORUM decisions are searchable at Search Decisions. The advanced search allows users to find factually similar cases. The attorneys who handled those cases are named in the decisions.
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