If the Letter before Action does not secure a transfer of the domain name, the next step to consider is filing a complaint under the UDRP with one of 4 main domain name registration bodies.
To be successful, a complainant will have to prove to the UDRP panel the following:
- The domain name is identical or confusingly similar to a trade mark used by the business;
- The registrant has no legitimate rights or interests in the disputed domain name; and
- The disputed domain was registered in bad faith.
The above is a much simplified version of the actual criteria to be met. Within the UDRP rules, the above stages are more detailed than is practical to set out in this note. A systematic approach therefore needs to be taken when filing a complaint, with careful consideration given to both the legal arguments and evidence filed in support.
How Cripps can help
- consider the facts and advise on the merits of the case;
- draft, finalise and file a Complaint submission document to start the process;
- assist in the drafting of the detailed supporting witness statements and the preparation of evidence;
- liaise with the UDRP tribunal on behalf of the complainant, advising on the process and any additional documents requested;
- address any arguments raised in response by the cybersquatter; and
- advise on the final decision made by the UDRP, answering any enforcement queries.
Each case will turn on its facts and so it is not possible to guarantee success in each case. However, a successful result under the UDRP process will result in either a cancellation of the domain name or a transfer of the domain to the complainant.