Understanding the Domain Name Dispute Resolution Process
- Swarnima Singh
- Jan 1
- 4 min read
Domain names are not merely technical names to help locate a particular website, but are considered part of the brand. When a domain name imitates an established trademark, it can confuse customers, pull traffic away from the real brand, and damage its reputation. In order to tackle long court cases given the time-sensitive consequences of cyber-related disputes, certain policies have been established to fast-track the resolution of these disputes at lower costs.
Globally, the Uniform Domain Name Dispute Resolution Policy (UDRP) governs disputes over generic domains such as .com or .org. In India, the .IN Domain Name Dispute Resolution Policy (INDRP) applies to disputes over .in country-code domains. Both processes follow an arbitration model rather than traditional litigation.
The Resolution Process under UDRP (Global Domains like .com, .org, .net)
The UDRP is established by the Internet Corporation for Assigned Names and Numbers (ICANN), and is also managed by the WIPO. It applies when a trademark owner believes someone has registered a domain name in bad faith. The UDRP applies to disputes involving generic Top-Level Domains (gTLDs) such as .com, .org, and .net, as well as certain country-code domains where the local registry has adopted UDRP. It does not automatically cover all Country Code Top-Level Domains (ccTLDs), since many countries operate their own policies for local domains.
1. Before filing, the complainant must ensure that three conditions are met:
The disputed domain is identical or confusingly similar to a trademark or service mark owned by the complainant.
The domain holder has no legitimate rights or interests in it.
The domain name has been registered and used in bad faith, for example, to sell it for profit, block the trademark owner, or mislead users.
2. The complaint is filed with an approved dispute resolution service provider such as the World Intellectual Property Organization (WIPO) or the National Arbitration Forum (NAF). It must include:
Full details of the complainant and their authorized representative (if any).
The exact domain name in dispute, including its extension.
Details of the domain holder, if known.
Grounds for the complaint, showing how all three UDRP criteria are satisfied.
Evidence such as trademark registrations, proof of reputation, and any indication of bad faith use.
The requested remedy, usually the transfer or cancellation of the domain name.
3. Once filed, the provider checks if the complaint meets UDRP requirements. If complete, it is formally sent to the registrant by email or post.
4. The domain owner has 20 days to submit their reply, supported by evidence showing legitimate use or lack of bad faith.
5. A panel of one or three independent experts, with experience in trademark law and domain name disputes, evaluates both sides. They issue a written decision, within 14 days of the panel appointment. If the complainant succeeds, the domain name can either be transferred or cancelled, depending on the complainant's request. If not, the complaint is dismissed.
6. Although UDRP decisions are generally final, a narrow scope for appeal exists. Appeals are usually limited to cases involving procedural mistakes or newly discovered evidence.
UDRP decisions can be challenged by filing a Declaratory Judgment action under the Anticybersquatting Consumer Protection Act (ACPA) or through other state or federal trademark claims. Although this isn’t a direct “appeal” of the UDRP ruling, since courts are not bound by it, it allows the court to independently re-examine the domain name dispute from the beginning.
The INDRP Process (Indian .in Domains)
For domains ending with .in, India has its own framework: the .IN Domain Name Dispute Resolution Policy (INDRP). This policy, formulated by the .IN Registry under the National Internet Exchange of India (NIXI), is legally binding under the Arbitration and Conciliation Act, 1996. Like UDRP, it is an arbitration-based process rather than a full-scale lawsuit.
1. A complaint may be filed if:
The domain name is identical or confusingly similar to a trademark, service mark, or even a personal name in which the complainant has rights.
The domain name holder has no legitimate rights or interests in the domain.
The domain name has been registered or is being used in bad faith, for example, to sell it for an inflated price, to block a rightful owner, or to mislead internet users.
2. Complaints are submitted directly to the .IN Registry. The filing includes:
Details of both the complainant and the domain holder.
The specific domain name in dispute.
Evidence supporting the complainant’s rights and proof of bad faith registration or use.
3. When a .in domain name is registered, the domain holder automatically agrees to resolve any disputes through arbitration under INDRP. This requirement is part of the registration terms. The Registry appoints an arbitrator, who independently examines the evidence presented by both sides.
4. The arbitrator checks if the domain was acquired to sell for profit, to block the legitimate trademark owner, or to mislead users by creating confusion. If these grounds are proven, the decision typically orders cancellation or transfer of the domain name.
5. Since INDRP decisions fall under India’s arbitration law, they are binding on the parties. If necessary, an award can be enforced like any other arbitral award under Indian law.
If an Indian company that owns the trademark “HimalayaCrafts” discovers that himalayacrafts.com is being used by someone in Nepal to sell counterfeit goods. Even though the trademark is registered only in India, the company can still file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) because .com is a generic Top-Level Domain governed by ICANN rules. UDRP considers where the domain is registered rather than where the infringer is located, which means the process applies whether the registrant is in Nepal, Arunachal Pradesh, or any other region. If the infringing domain instead used a country-code extension such as .in or .np, the relevant local dispute policy, such as INDRP for .in domains, would apply.
References:1. ICANN, Uniform Domain-Name Dispute-Resolution Policy (UDRP),
2. World Intellectual Property Organization (WIPO), Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP),
3. S.S. Rana & Co., .IN Domain Name Dispute Resolution Policy (INDRP) in India, https://ssrana.in/ip-laws/domain-names-india/indrp-domain-name-dispute-india/
4. .IN Registry / NIXI - .IN Dispute Resolution Policy (INDRP),
5. Enrico Schaefer, Can You Appeal an Adverse UDRP Decision?, TRAVERSE LEGAL (June 17, 2019), https://www.traverselegal.com/blog/can-you-appeal-udrp-decision/.