The UDRP is administered by approved dispute resolution providers — organizations that have been accredited by ICANN to provide dispute resolution services under the policy. Each provider has its own rules and procedures.

The major accredited providers include:

• World Intellectual Property Organization (WIPO)
• The Forum (formerly NAF)
• Canadian International Internet Dispute Resolution Centre (CIIDRC)
• Asian Domain Name Dispute Resolution Centre (ADNDRC)

The complainant typically chooses which provider to use from the full list of accredited providers. The chosen provider then appoints a panel of one or three independent experts to review the case and render a decision based on the evidence. The panel's decision is final and binding on both parties.

Jeffrey J. Neuman is an accredited Panelist at The Forum and has served on 3-member panels at WIPO — giving him insight into the decision-making process from both sides.

The UDRP is binding on domain name registrations because it is incorporated as a mandatory condition of registration for most gTLDs, including .com, .net, .org, .biz, .info, .xyz, and many country code TLDs. By registering a domain name in one of these TLDs, the registrant agrees to be bound by the UDRP and to resolve any domain name disputes through the UDRP process.

This agreement is embedded in the registration agreement signed (or accepted) at the time of registration. Registrars are required by ICANN to include the UDRP as a condition of all registrations in applicable TLDs, which means registrants cannot opt out of UDRP jurisdiction at the time a complaint is filed.

If a dispute arises and a complaint is filed and decided in the complainant's favor, the registrar is required to implement the transfer or cancellation order within a specified period, absent a court filing staying the decision.

Receiving a UDRP complaint means that someone has alleged your domain name is identical or confusingly similar to their trademark, that you have no legitimate rights in the name, and that it was registered and is being used in bad faith. It is critical that you take the complaint seriously and act promptly — failure to respond can result in a default decision against you and transfer of your domain.

Here are the steps to take immediately:

1. Read the complaint carefully and understand the specific allegations made against you.
2. Note the response deadline. Under most providers' rules, you have 20 calendar days from the date of commencement to file a response. Missing this deadline can result in a default.
3. Consider retaining experienced legal counsel. JJN Solutions Law, PLLC regularly represents registrants in UDRP proceedings. You may also consult the Internet Commerce Association's (ICA) list of legal experts who specialize in registrant representation.
4. Identify your defenses. Common defenses include demonstrating your legitimate rights or interests in the domain name, showing the name was registered before the complainant's trademark rights arose, or showing good faith registration and use.
5. File a timely response addressing each of the three UDRP elements and supporting your position with evidence.
6. Participate in any additional proceedings as directed by the dispute resolution provider.

The UDRP is a legal proceeding. If you are unsure how to respond or evaluate your defenses, contact JJN Solutions for a consultation as early as possible.

Yes. The Internet Commerce Association (ICA) was formed to protect the rights and interests of domain name owners. The ICA promotes and shares best practices among participants in the domain name industry and educates consumers, policymakers, lawmakers, and the media about the value and benefits of domain name ownership.

The ICA maintains a list of legal experts who specialize in representing registrants in UDRP proceedings, which can be a valuable resource if you are facing a domain name dispute and seeking qualified counsel.

JJN Solutions Law, PLLC is also experienced in representing both complainants and respondents in UDRP proceedings. Contact us to discuss your situation.