Responding to a domain name dispute

On Behalf of | Jun 19, 2023 | Intellectual Property

As an online entrepreneur, your domain name is a vital asset that represents your brand and online presence. However, while it may seem a distant possibility, disputes over domain names can arise. When it does, it can potentially jeopardize your business.

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is like a rulebook for solving conflicts over internet domain names. It applies to popular domain endings like .com and country-specific ones if they follow it. The policy says that you must agree to these rules if you want to register a domain name. If there’s a dispute, there are specific procedures to follow, and the WIPO Arbitration and Mediation Center can help settle the disagreement. If you are on the receiving end of the dispute, here’s what you need to do:

File your response on time

According to the domain name registration agreement, you must submit a response in the administrative proceeding. The timeframe for filing a response is 20 days from the start of the administrative proceeding. If you fail to submit a response within the specified timeframe, you be considered in default. Despite this, the WIPO Center will appoint an administrative panel to review the case and decide based on the available information. The panel may draw appropriate inferences from the lack of a timely response.

What should the response include?

The response should include the information outlined in Paragraph 5 of the UDRP Rules. The WIPO Center provides model response and filing guidelines as a helpful checklist for including the necessary elements. To further prepare your submission, the WIPO Center offers an online Index of decisions under the UDRP and a jurisprudential overview.

Payment and fees

In general, there is no fee for filing a response if you and the complainant prefer a single panelist for the case. If you prefer three panelists, both parties will share the applicable fee equally. You must submit the fee along with your response. Otherwise, the WIPO Center may disregard your designation of three panelists.

Submitting the response

You can submit your response electronically. You can either download the model response as a Word document and email it as an attachment to the WIPO or directly complete and submit the electronic form provided by the WIPO Center. You should also send a copy to the complainant, but there is no requirement to send the response to the domain name registrar(s). Note that while the WIPO Center provides model response and filing guidelines, using them does not guarantee success.

Understanding these key details about filing a response will help you face a domain name dispute effectively. Remember to carefully review the specific rules and guidelines provided by the WIPO Center to ensure a thorough and accurate response.