The core requirements for a URS complaint are substantially similar to those arising in UDRP
panel can use any of the following as evidence of bad faith:
is at their disposal as an affordable, timesaving option generally
rules and the ACPA statutes were established to address activities generally identified as cybersquatting.
(136) To determine whether a respondent registered and used the domain name in bad faith, the UDRP
lists nonexhaustive factors similar to those listed in the ACPA.
Under the rules of the UDRP
, for the cancellation or transfer of a domain name, the complainant must establish that (1) the domain is identical to a trademark it has the rights to, (2) that the person who registered it has no rights or legitimate interests to the domain name, and (3) that the individual in fact is using it in bad faith.
The Internet Corporation for Assigned Names and Numbers (ICANN) developed the Uniform Domain Name Dispute Resolution Policy (UDRP
) for resolution of disputes over registration of Internet domain names.
The international Uniform Domain Name Dispute Resolution Policy (UDRP
) was set up to resolve disputes around the use of domain names.
There is considerable overlap between IT on the one hand and e-commerce on the other, but other areas, such as telecommunication regulation (section 13.0), human rights concerns over privacy on WHOIS and the UDRP
(section 10.0), and copyright, defamation and freedom of expression issues regarding content liability may not come under the most workable definition of the term "e-commerce."
Having a trademark listed in the IP Clearinghouse wouldn't prevent a registry from selling the name in one of the new extensions, but it would be useful to the trademark owner in battling a cybersquatter using ICANN's uniform dispute resolution policy (UDRP
).<p>-- The establishment of a list of globally protected trademarks that would not be available for purchase from the new top-level domain registries except by the trademark owner.
(35) As an alternative to bringing an action under the ACPA, trademark owners may file a complaint under the Uniform Dispute Resolution Policy (UDRP
) of the Internet Corporation for Assigned Names and Numbers (ICANN), a private-sector nonprofit organization responsible for the management of the Internet domain name system.