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Uniform Domain Dispute Resolution Procedure (UDRP): A streamlined arbitration process specifically designed to resolve trademark
disputes involving Internet domains, the UDRP automatically applies to all .com, .net, .org, and other top-level domains (similar
regimes are in place for many other top-level domains). Importantly, it is not necessary that a trademark have been federally-registered
in order to take advantage of the UDRP.
Although the only remedies under the UDRP are transfer or cancellation of the domain
(unlike the ACPA, damages are not available), the UDRP offers many benefits for trademark holders seeking to eliminate cybersquatters.
The primary benefits are:
- Speed: The entire UDRP process, from complaint to arbitral decision, is intended to be resolved within approximately 45 days, although a more realistic time frame is 60-90 days.
- Costs: The trademark owner pays the filing fee -- for a single-member panel, approximately $1,500. Mitchell J. Matorin's extensive UDRP experience enables him to handle domain disputes in a very cost-effective manner, typically for a flat fee.
- Results: The latest statistics from WIPO indicate that trademark owners prevail in almost 85% of cases. Although a domain registrant may appeal by filing a lawsuit, this is rare.
The
trademark owner must establish four elements to prevail: (i) that the domain is identical or confusingly similar to a trademark
or service mark in which the complainant has rights; ii) that the respondent has no rights or legitimate interests in the domain
name; and iii) that the domain name was registered and is being used in bad faith. If a complaint fails, it is most often because
the trademark owner has not satisfied the final element. Because there is no discovery, trademark owners often must show bad
faith registration and use indirectly. Mr. Matorin has the knowledge and creativity necessary to satisfy each of the required
elements.
