by Traverse Legal, reviewed by Enrico Schaefer - November 3, 2008 - e. Cybersquatting Arbitration Decisions (UDRP)
It does not happen very often but there are instances where a trademark holder successfully brings and complaint under the Uniform Dispute Resolution Policy (UDRP)-achieving a panel finding of bad faith cybersquatting- and yet still has trouble securing their domain. After a transfer order is issued, the registrar typically has ten day to work with the trademark holder to transfer the subject domain to the trademark holder’s control. If the registrar being used by the cybersquatting in the first instance fails to transfer the domain, the next step is to work with ICANN who can enforce the registrar’s contractual obligations to fully comply with the provisions of the UDRP. ICANN recently issued a draft advisory regarding registrar best practices to protect registrants upon initiation of the Uniform Domain Name Dispute Resolution Policy complaint at its contractual compliance web page found here.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
