The World Intellectual Property Organisation (WIPO) has launched a new website and e-filing process for domain name complaints. The updates are welcome and serve both to streamline and clarify the content expected in the complaint process.
Sam Collins and Elise Cant explain the changes and explore what it means for businesses moving forwards.
What are domain name complaints?
Domain name complaints offer a relatively quick and cost effective solution for brand owners to gain ownership and control over abusive domain names. For .com, .org and a large number of other top-level domains, brand owners can file a complaint under the Uniform Dispute Resolution Policy (UDRP).
The UDRP, created by the Internet Corporation for Assigned Names and Numbers (ICANN), is a policy that Registrars (companies that manage the reservation of Internet domain names) must adhere to. It was designed to specifically resolve matters involving cybersquatting, but is now considered to be one of the most important tools as part of wider domain name management and online enforcement strategy.
What has been updated?
(1) New template complaint and response
The template complaint that ICANN provides has been updated to include in-depth explanations as to what is expected from the Complainant in each section of the complaint, providing prompts as to the specific factors and circumstances the Complainant may wish to include to further support their case.
The template response has been similarly updated to aid a Respondent in defending their registration of the disputed domain name, including providing suggested arguments that would support their response.
The templates provided by ICANN are comprehensive “step-by-step guides” which will greatly increase the accessibility of the UDRP process.
(2) New online form for submitting complaints and responses
Previously, Complainants and Respondents have had to file their complaints and responses via email. As most filings contain a substantial amount of evidence, this can mean a multitude of emails and the risk of evidence being lost or simply not received.
The new online form allows you to upload your documents online, allowing for a more cohesive method of submitting complaints and responses. The new form will also provide an automatic confirmation of receipt. This e-filing system is therefore a welcome change which should simplify the complaint process for all parties.
(3) Updated WIPO Guide to the UDRP
An updated in-depth guide to the UDRP process has been launched which answers the most frequently asked questions and provides guidance as to the recommended steps and research to undertake prior to filing a complaint or response. This includes an update on the recommended approach to follow for seeking Registrant information in a post-GDPR world and how the renewal date for the domain impacts on the complaint.
Summary
Overall these updates are welcome and serve both to streamline and clarify the content expected in the complaint process. The updates will certainly aid in increasing the knowledge of the intricacies of the UDRP system across both represented and unrepresented parties.
If you have any questions regarding the UDRP or the domain name dispute process, please do not hesitant to contact us at domainnames@marks-clerk.com.
