Tuesday, May 27, 2014

Domain names: Types of disputes between registrants and third parties



THE following policies apply to various types of disputes between registrants and third parties over the registration and use of domain names.
Disputes under these policies may be filed with one of the approved dispute-resolution service providers for the given policy.
The Uniform Domain-Name Dispute Resolution Policy (below) is applicable across all gTLDs. Additional dispute resolution policies may apply to specific circumstances only in individual TLDs. These are also listed below.
Note: For customer-service complaints about a registrar of domain names, please see the Registrar Problem Reports Page.
Uniform Domain-Name Dispute Resolution Policy
The Uniform Domain-Name Dispute Resolution Policy (UDRP) has been adopted by ICANN-accredited registrars in all gTLDs (.aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and .travel). Dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting) may be initiated by a holder of trademark rights. The UDRP is a policy between a registrar and its customer and is included in registration agreements for all ICANN-accredited registrars.
•Uniform Domain Name Dispute Resolution Policy -- This policy is followed by all registrars.
•Rules for Uniform Domain Name Dispute Resolution Policy -- These rules are followed by all dispute-resolution service providers, with supplementation by each provider’s supplemental rules.
•List of Approved Dispute-Resolution Service Providers
•UDRP Historical Documents
Charter Eligibility Dispute Resolution Policy
The Charter Eligibility Dispute Resolution Policy (CEDRP) is followed by the sponsored TLDs .aero, .coop, .museum, and .travel for challenges to registration of a domain name on the grounds that the registrant does not meet the eligibility requirements (set forth in the sponsored TLD charter) for registration of a domain name in the given TLD. Any person or entity may bring a challenge to a registered name under the CEDRP.
•Charter Eligibility Dispute Resolution Policy
•Rules for Charter Eligibility Dispute Resolution Policy
•List of Approved Dispute Resolution Service Providers
Eligibility Reconsideration Policy
The Eligibility Reconsideration Policy (ERP) is incorporated in agreements with registrants concerning domain name registrations in .aero. It sets out the terms and conditions in connection with any challenge to a decision by the sponsor concerning eligibility to register in .aero. This policy was developed by the sponsor of .aero. It is not an ICANN policy and is provided here for reference only. More information can be found on the sponsor’s website.
Eligibility Requirements Dispute Resolution Policy
The Eligibility Requirements Dispute Resolution Policy (ERDRP) is followed by the unsponsored restricted TLD.name. Registrations in .name must consist of an individual’s own personal name or the personal name of a fictional character (provided the registrant holds trademark or service mark rights in that character’s personal name). Numeric characters may also be used in combination with either type of personal name above. Challenges to a registration in .name on the grounds that it does not meet the eligibility requirements are filed under the ERDRP. Defensive registrations and second level domain e-mail address registrations are also subject to challenge under the ERDRP. Any person or entity may bring a challenge to a registration under the ERDRP.
•Eligibility Requirements Dispute Resolution Policy
•Rules for Eligibility Requirements Dispute Resolution Policy
•List of Approved Dispute Resolution Service Providers
.ASIA Charter Eligibility Requirements Policy
The .ASIA Charter Eligibility Requirements Policy (.ASIA CERP) applies to domain names registered in the .ASIA sponsored TLD. Registrations in .ASIA are restricted to members of the Pan-Asia and Asia-Pacific Internet community. Challenges to a registration in .ASIA on the grounds that it does not meet the eligibility requirements are filed under the CERP. Further information can be found on the .ASIA website.
.cat Eligibility Requirements Dispute Resolution Policy (Política de Resolució de Conflictes sobre Requisits d’Admissibilitat del .cat)
The .cat Eligibility Requirements Dispute Resolution Policy (.cat ERDRP) applies to domain names registered in the sponsored TLD .cat. Registrations in .cat are restricted to members of the Catalan linguistic and cultural community. Challenges to a registration in .cat on the grounds that it does not meet the eligibility requirements are filed under the ERDRP. Further information can be found on the .cat website.
Intellectual Property Defensive Registration Challenge Policy
The Intellectual Property Defensive Registration Challenge Policy (IPDRCP) applies to intellectual property defensive registrations in the .pro TLD, which is restricted to use by certified practicing members of certain professions (currently the medical, legal, and accounting professions). An intellectual property defensive registration may be registered only by the owner of an eligible trademark or service mark registration. The IPDRCP provides an avenue for challenges to Intellectual Property Defensive Registrations concerning whether such registrant meets the Registration Qualifications. Any person or entity may initiate an IPDRCP proceeding by submitting a challenge in accordance with the rules.
•Intellectual Property Defensive Registration Challenge Policy
•Rules for Intellectual Property Defensive Registration Challenge Policy
•List of Approved Dispute Resolution Service Providers
Qualification Challenge Policy
The Qualification Challenge Policy (QCP) is followed by the unsponsored restricted TLD .pro, which is limited to use by licensed members of certain professions. Challenges to a registration on the grounds that the registrant did not meet the registration qualifications are filed under the QCP. A challenge to a registration under the Qualification Challenge Policy may be brought by any interested party.
•Qualification Challenge Policy
•Rules for Qualification Challenge Policy
•ist of Approved Dispute Resolution Service Providers
Restrictions Dispute Resolution Policy
The Restrictions Dispute Resolution Policy (RDRP) applies in the unsponsored restricted TLD .biz. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. Challenges to a registration or use of a given domain name on the grounds that it is not being or will not be used primarily for a bona fide business or commercial purpose are filed under the RDRP. Challenges under the RDRP may be initiated by any party filing a complaint with an approved dispute resolution service provider.
•Restrictions Dispute Resolution Policy
•Supplemental RDRP Rules
•List of Approved Dispute Resolution Service Providers
Start-Up Trademark Opposition Policy
The Start-Up Trademark Opposition Policy (STOP) was available only to intellectual property owners who enrolled in the IP Claim Service during the Start-up phase of the .biz registry (June 25-September 21, 2001). STOP is no longer available as a dispute resolution policy for .biz domain names. Disputes can be brought under the UDRP, RDRP or available courts of law. For more information, see the registry operator’s site.
Sunrise Challenge Policy
The Sunrise Challenge Policy (SCP) was applied only during the sunrise period for the .info TLD. Challenges under the Sunrise Challenge Policy were administered by the registry operator (Afilias). As the one hundred twenty (120) day sunrise period has closed, parties disputing the validity of a sunrise registration may utilize theUDRP or available courts of law. For more information, see the registry operator’s site.


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