If you receive notice that a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint has been filed against a domain registered with Dynadot, act promptly. A UDRP proceeding can result in the domain being transferred to the complainant or canceled. This article provides general information only and is not legal advice. Consider consulting an attorney experienced in trademark or domain-name disputes. What is a UDRP complaint? The UDRP is an ICANN policy for resolving certain disputes involving domain names and trademarks. To prevail, the complainant must prove all three of the following: The domain is identical or confusingly similar to a trademark or service mark in which the complainant has rights. You have no rights or legitimate interests in the domain. The domain was registered and is being used in bad faith. See the complete Uniform Domain Name Dispute Resolution Policy. What should I do first? Read the notice and complaint carefully. Identify the dispute-resolution provider, case number, disputed domain, response deadline, and instructions for submitting a response. Verify that the notice is genuine. A UDRP proceeding must be administered by an ICANN-approved provider. Contact the provider through the contact information published on its official website if you are uncertain. Record the response deadline. Under the UDRP Rules, a response is generally due within 20 days of the proceeding's commencement date—not necessarily the date on which you first read the notice. Consider requesting the automatic extension. A respondent may request an additional four calendar days to submit a response. Send the request directly to the provider and follow its supplemental rules. Preserve relevant evidence. This may include registration and renewal records, dated website captures, business records, correspondence, advertising materials, trademark records, and evidence showing how or why you selected and used the domain. Consider obtaining legal advice. Dynadot cannot prepare your response, represent you, or advise you about the merits of the complaint. Do not ignore the proceeding. If you do not respond, the panel will ordinarily decide the dispute based on the complaint and may draw appropriate conclusions from your failure to participate. Where do I submit my response? Submit your response to the provider administering your case—not to Dynadot. Follow the instructions in the provider's notice and supplemental rules, including any requirements for formatting, evidence, word limits, panel selection, and delivery to the complainant. The five currently approved UDRP providers are: Asian Domain Name Dispute Resolution Centre (ADNDRC): adndrc.org Canadian International Internet Dispute Resolution Centre (CIIDRC): ciidrc.com Czech Arbitration Court Arbitration Center for Internet Disputes (CAC): adr.eu National Arbitration Forum (NAF): adrforum.com World Intellectual Property Organization Arbitration and Mediation Center (WIPO): wipo.int Each provider follows the UDRP Rules and its own supplemental rules. ICANN maintains the authoritative list of approved UDRP providers. Why has Dynadot locked my domain? When Dynadot receives a verification request from the provider, we apply a lock to the disputed domain as required by the UDRP Rules. The lock is intended to prevent changes to the registrant or registrar while the proceeding is pending. You generally cannot: Transfer the domain to another registrar Move the domain to another Dynadot account Change the domain's registrant or ownership information Delete the domain The UDRP lock does not prevent the domain from resolving or being renewed. Dynadot's Restricted Lock ordinarily permits DNS, name-server, privacy, and renewal actions. Learn more about Restricted Lock. Do not allow the domain to expire while the case is pending. Renew it before its expiration date if you want to preserve the registration and your ability to defend it. What should my response address? Your response should answer the allegations in the complaint and explain all grounds on which you claim the right to retain the domain. Depending on the facts, relevant evidence may show that: Before receiving notice of the dispute, you used or made demonstrable preparations to use the domain for a bona fide offering of goods or services. You, your business, or your organization have been commonly known by the domain. You are making legitimate noncommercial or fair use of the domain without intending to mislead consumers for commercial gain or tarnish the complainant's trademark. The complainant has not established one or more of the three required UDRP elements. These are examples, not a complete list of possible defenses. Who pays the fees? The complainant normally pays the provider's fees for a single-member panel. If the complainant requested a single-member panel and you elect a three-member panel, you will generally be responsible for half of the applicable three-member-panel fee. Review the provider's current fee schedule and supplemental rules before making your selection. What happens after I respond? The provider will appoint either a one-member or three-member administrative panel. The case is normally decided from the written submissions and evidence; in-person hearings are exceptional. The panel may: Deny the complaint, allowing you to retain the domain; Order the domain transferred to the complainant; or Order the domain canceled. UDRP proceedings do not award monetary damages or result in criminal penalties. Decisions are generally published online. The parties may also pursue a settlement. If you reach an agreement, coordinate through the provider so that the settlement and any removal of the UDRP lock follow the required process. What happens if the panel orders a transfer or cancellation? Dynadot will wait 10 business days after being notified of the decision before implementing an order to transfer or cancel the domain. Implementation may be paused if, within that period, Dynadot receives the official court documentation required by the UDRP showing that you filed a lawsuit against the complainant in an eligible jurisdiction. Because this period is short and the requirements are specific, seek qualified legal advice immediately if you are considering court proceedings. What is Dynadot's role? As the registrar, Dynadot: Confirms registration information to the provider; Applies and maintains the required domain lock; Communicates registrar-related information required by the UDRP process; and Implements the panel's decision when required. Dynadot does not select the provider, decide the case, communicate arguments to the panel on your behalf, or provide legal advice. Questions about deadlines, response requirements, fees, evidence, panel selection, or case status should be directed to the provider administering your proceeding. For questions specifically about your Dynadot account or the domain's lock or renewal status, please contact Dynadot Support.
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