Domain name arbitration is a process of negotiation between a complainant and the first owner of a domain name to determine which party owns the rights to the name. The Uniform Domain Name Dispute Resolution Policy, or UDRP, is how the negotiation is performed. Created by the Internet Corporation for Assigned Names and Numbers, or ICANN, it is both cheaper and faster than ‘traditional’ litigation.
Domain name arbitration begins by using an ICANN-approved provider. The provider will evaluate the similarities of the domain name or trademark to determine whether the claim is merited.
Factors taken into consideration include the rights of the claimant, and whether the domain was chosen in order to infringe on brand popularity, or whether it was an accident. Generally, if it is found that the name was chosen in bad faith, the claimant will be granted rights. Otherwise, the disputed domain name will remain with the original claimant.
The findings of the domain name arbitration proceedings can be challenged in a regular court. Domaining news – Robert De Niro did this, when trying to claim all domain names containing the word ‘Tribeca’, who he is a partner in Tribeca Productions. He sued in court over the name Tribeca.net, which was claimed by another party, forcing them to change the name.
Thus, domain name arbitration is a useful alternative to the regular court system. Some cases will still end up in regular court if either party is dissatisfied with the decision of the UDRP panel, but most will be handled cheaper and faster by the UDRP.
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