The explosive growth in electronic commerce over the past decade has generated thousands of legal disputes regarding the registration and use of Internet domain names. These disputes generally pit the respective interests of the owner of a trademark against the rights of the domain name registrant whose name incorporates, in whole or in part, the mark in issue. In an effort to resolve such disputes in a relatively inexpensive and expeditious manner, the Internet Corporation of Assigned Names and Numbers, usually referred to as “ICANN,” in 1999, instituted the Uniform Dispute Resolution Policy, or “UDRP.” This article will explain how the conflict between domain names and trademarks arose, trace the UDRP's development, explain the process for resolving domain name disputes, and highlight some current issues under the UDRP.
- Uniform Dispute Resolution Policy