For those of you who are unfamiliar with UDRP proceedings, the UDRP is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP policy currently applies to all .biz, .com, .info, .name, .net, and .org top-level domains, and some country code top-level domains.
When a registrant chooses a domain name, he or she must “represent and warrant,” among other things, that registering the name “will not infringe upon or otherwise violate the rights of any third party,” and agree to participate in an arbitration-like proceeding should any third party assert a claim.
In a UDRP proceeding, the panel will consider factors such as, whether the defendant registrant’s domain name is identical or confusingly similar to a trademark in which the complainant has rights; whether the defendant has any rights or legitimate interests in a name; and whether the defendant registered and is using the name in bad faith.
The goal of the UDRP is to create a streamlined process for resolving such disputes, which would be quicker and cheaper than a standard legal challenge. However, a party dissatisfied by a UDRP decision may challenge the decision in court.
The UDRP process has already been used in a number of well-known cases, such as Madonna Ciccone, p/k/a Madonna v. Dan Parisi and "Madonna.com". There the panel found against the defendant registrant based on all three of the above factors, and ordered the domain name turned over to Madonna.
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