White SW Computer Law
|Intellectual Property, Information Technology & Telecommunications Lawyers|
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: firstname.lastname@example.org Internet: http://www.computerlaw.com.au
What do Venus and Serena Williams, Julia Roberts, Madonna and Louis Vuitton Malletier have in common. They have used an effective domain name resolution policy to their advantage. Have you?
Domain name registries with an effective dispute resolution policy assist their customers by providing an alternative approach to domain name disputes.
You should check the relevant policy before registering a domain name to assess the procedures that must be followed if someone wants to challenge your domain name ownership. If you are going to spend a lot of money developing and publishing a website, you do not want another party to be able to easily obtain an order that you surrender your domain name to them.
Accredited registrars for the .com, .net and .org domains require their customers to accept the ICANN Uniform Domain Name Dispute Resolution Policy ( “the Policy” ), which sets out the grounds on which complaints may be initiated and the relief available and ICANN's Rules for the Uniform Dispute Resolution Policy, which outline the procedures the parties are to follow.
Under the Policy, a mandatory “administrative proceeding” must be conducted before an approved dispute resolution service provider if it is alleged that:
Orders may be made that the domain name registration be cancelled or transferred to the party challenging the domain name registration, if these matters are proved.
The party challenging the domain name registration must establish that the registration was made in bad faith by proving, amongst other things:
Any of the following, amongst other things, may negate bad faith:
The Policy provides for a fast and cost-effective decision making process, which will normally take about 5 weeks. The steps involved are:
There are currently four approved dispute resolution service providers and the fees payable for them to act in a dispute concerning a single domain name, range from US$950 to US$2,000 for a decision by a single member panel and from US$2,500 to US$4,500 for a three member panel. The party challenging the domain name registration must bear these costs, except where the domain name owner elects to have a three-member panel in which case the domain name owner must pay half.