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The current Uniform Domain Name Dispute Resolution Policy (UDRP) offers a relatively quick & cost effective mechanism to independently resolve disputes that arise from the abusive registration of trademarks as domain names. Under the UDRP, a complainant must show that the domain name in dispute is identical or confusingly similar to its trademark, that the respondent doesn\’t have a right or legitimate interest in the domain name, & that the respondent registered ® & used the domain name in bad faith.

However, the UDRP isn\’t without its share of problems. There is more. The first major problem of the UDRP is that it\’s only a curative solution, meaning it gives relief after a violation has already occurred. By example, a cybersquatter can register ® an IP owner\’s identifiers forcing the aggrieved owner to use the UDRP. In essence, the UDRP seeks to return the damaged IP owner to as good as a position as he was before the cybersquatting. Second, the UDRP has no preventative measure to protect trademark holders from cybersquatters. There is more. Theoretically, the only way IP owners can protect themselves as new gTLDs are introduced is by registering their entire trademark portfolio. In essence, IP owners compete with cybersquatters for their own trademarks. There is more. Third, no provisions exist to deal with the situation where IP owners want to protect their trademarks in sponsored gTLDs but are restricted because the TLD is reserved for all those entities that qualify in the particularized & specialized space.

Fortunately, there\’re ways to protect your trademarks, & other domain names for that matter. While no uniform IP protection mechanism to combat the unauthorized registration of domain names currently exists, you can heed recommendations, such as those made by WIPO, & perform your own preventative care. One example is to use defensive registrations, or register ® domain names in the existing TLDs (such as .com, .net, etc.) & new gTLDS (such as .mobi). It\’s also important to be fully aware of when such new gTLDs are to be made available & ensure that you take advantage of any sunrise period, a period affording trademark holders the right to register ® prior to the general public, available to you… Similarly, being able to recognize the common tactics of cybersquatters in both existing & newly offered gTLDs can further enhance your ability to stop unauthorized registration of domain names similar your trademark. You can contact us or another domain anme lawyer today, with experience in cybersquatting, domain name disputes, & trademarks can assist you in protection mechanisms & help stop an unnecessarily forced run-in with the UDRP.

Enrico Schaefer is the founding attorney of Traverse Legal, PLC, a high-tech law firm specializing in web law. You can find out more about protecting your domain name, UDRP arbitrations & anti-cybersquatting laws at Traverse Legal\’s domain name theft & cybersquatting blog & also at the intellectual property & trademark blog.

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