Look-alike domains · UDRP

Can I take a look-alike domain away from the person who registered it?

Yes, if you hold a trademark and can show bad faith, through the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

Last read from the sources at the foot of this page.

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01

What is the UDRP?

Uniform Domain Name Dispute Resolution Policy - This policy is followed by all registrars. (Updated 21 February 2024 to reflect changes required to implement the Registration Data Policy. Contracted parties may implement this updated Policy beginning on 21 August 2024 and must implement no later than 21 August 2025).

All registrars must follow the UDRP. A trademark holder files a complaint with an approved dispute-resolution provider, and the dispute is decided in an expedited administrative proceeding rather than in court.

ICANN updated the policy on 21 February 2024, and registrars had to apply the updated text by 21 August 2025.

02

What must I show?

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith.

Under the UDRP, the complainant must prove three things: the domain is identical or confusingly similar to a trademark or service mark it has rights in, the holder has no rights or legitimate interests in the domain, and the domain was registered and is being used in bad faith.

If one of the three is missing, the complaint fails.

03

What do I get if I win?

The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

The only remedies a UDRP panel can order are cancelling the domain or transferring it to the complainant.

Transfer is usually the better choice for a look-alike, because a cancelled name can be registered again by someone else.

04

Where do I file?

Canadian International Internet Dispute Resolution Centre (CIIDRC) Decisions Supplemental Rules The Czech Arbitration Court Arbitration Center for Internet Disputes Decisions Supplemental Rules FORUM (also known as National Arbitration Forum or NAF) Decisions Supplemental Rules WIPO

ICANN lists the approved providers, including the Canadian International Internet Dispute Resolution Centre (CIIDRC), the Czech Arbitration Court, FORUM (the National Arbitration Forum) and WIPO.

  1. Confirm that your firm's name or logo is a registered trademark.
  2. Collect evidence of bad faith: the emails sent from the look-alike, the website on it, the dates.
  3. Choose a provider and file under its supplemental rules.
Sources

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