Advertising Law Tool Kit - Tenth Edition | 2022

28 / Venable Domain Names, Cybersquatting, and UDRP Your domain name is your brand’s own piece of online real estate, the place where consumers go to find information straight from the source. It also acts as an online signature, reminding users that you are the authentic source of whatever they are reading or buying. So when an anonymous bad actor – like a cybersquatter – registers a domain name that steps too close to your trademark, you often need to act as quickly as possible to regain control of your brand. There are a multitude of ways to react, including demand letters, purchasing the domain name, litigation, and administrative proceedings like UDRP or URS. One such administrative proceeding frequently used for the standard generic top-level domains (gTLDs) is a Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding. UDRP is a binding arbitration program built into the registration policy of every domain name. For a relatively low filing fee, rights holders can institute a UDRP proceeding to challenge an infringing domain name registered anywhere in the world. Decisions are rendered on the pleadings and often delivered within weeks of filing. A successful challenge transfers control of the offending domain name to the petitioner to use or delete as it sees fit. Meaghan H. Kent mhkent@Venable.com +1 202.344.4481 Linda J. Zirkelbach ljzirkelbach@Venable.com +1 202.344.4410