Chris Anders - Internet Strategy Consultant

If you or your institution want to be described on the web by the non-national .com domain (or by another of the ICANN administered gTDLs (top level domains)), and if you believe that someone is guilty of cyber-squatting that .com domain, then you should be aware of ICANN's Uniform Domain Name Dispute Resolution Policy (“UDRP”).  Broadly, the UDRP outlines a five step process for the resolution of domain name complaints.  The five steps are as follows:

a.  Register a complaint.  If the complaint is deemed to be appropriate, an ICANN appointed Dispute Resolution Service Provider (“DRSP”) will examine the complaint.  Within five days of receiving an appropriate complaint, the DRSP will acknowledge (to the complainant) the initiation of the UDRP complaint process.

b.  The DRSP will then contact the current owner of the domain name (or the defendant), who has twenty days to respond to the DRSP about the complaint.

c. If the defendant does respond to the DRSP, then both the defendant and the complainant have the opportunity to make a further submission of evidence to the DRSP, before the complaint is addressed by a DRSP appointed, independent panel, such as the (American) National Arbitration Forum.  Such panel's are granted the power (by ICANN) to make binding rulings about domain name ownership.  (It is worth noting that the complainant must pay for the panel to be established.  If the complainant is upheld, the costs of the panel may be shared with, or may be paid for entirely by the defendant.)

d.   If the defendant does not respond to the DRSP within the stated time period, the complainant may still pay for an independent panel to be established.  Yet please note that non-response does not automatically lead to an adjudication (by the independent panel) in the complainant's favour.  In addition, both the complainant and the defendant have the right to appeal against the independent panel's ruling.

e.  All adjudications are published by ICANN.