Aware of the world's increased reliance on the Internet, the Internet Corporation for Assigned Names and Numbers (ICANN) has adopted a Uniform Domain Name Dispute Resolution Policy (the Policy) which is designed to be a quick and relatively inexpensive way to resolve disputes over the registration and use of Internet domain names. The Policy, applicable to all holders of registered Internet domain names, requires that such disputes be submitted to a mandatory administrative proceeding.

Procedures to be Followed Under the Policy

The first step under the Policy is for the complaining party (the Complainant) to select one of the three administrative-dispute-resolution providers approved by ICANN: the National Arbitration Forum, the Resolution Consortium, or the World Intellectual Property Organization. Selection is accomplished by filing a complaint with the selected Provider, both electronically and by regular mail, on a form approved by the Provider which alleges that: (i) the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; (ii) the holder of the domain name (the Respondent) has no rights or legitimate interests in the domain name; and (iii) the domain name has been registered and is being used by the Respondent in bad faith. The Complainant also must serve the Respondent, both electronically and by regular mail, with a copy of the complaint.

In addition to the allegations listed above, the complaint must indicate whether the Complainant elects to have the dispute decided by a single-member or a three-member panel, must identify the registrar with whom the domain name is registered at the time the complaint is filed, and must specify the remedy sought by the Complainant, which can be either cancellation of the domain name or transfer of the domain name registration.

The Provider, in a capacity similar to that of a court clerk, administers the proceeding; and a case manager, assigned by the Provider, is the contact person for both the Complainant and the Respondent. Upon receipt, the Provider reviews the complaint for administrative compliance and, if in compliance, forwards the complaint (together with an explanatory cover sheet) to the Respondent. The Respondent then has 20 days to submit a response. Also submitted electronically and by regular mail, the response should respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent to retain registration and use of the disputed domain name. Upon receipt of the response from the Respondent, the Provider appoints the panelist or panelists to decide the dispute.

The Panel's Decision

As soon as the panel is appointed, the Provider forwards the file to the panel. Unless the panel determines otherwise, there are no in-person hearings. The decision of the panel is based on the complaint, the Response, and such other documents as are submitted by the parties. This decision, in writing, and providing the reasons on which it is based, is to be forwarded to the Provider within 14 days of the panel's appointment for dissemination both electronically and by regular mail to the Complainant and the Respondent. Although the decision itself is not published, the final outcome of all disputes filed under the Policy may be found under the Domain Name Dispute Resolution link at ICANN's website (" As of this writing, over 650 disputes have been filed under the Policy. Of those that have gone to final decision, over half have been decided for the Complainant with either the domain name's being canceled or the domain name registration's being transferred from the Respondent to the Complainant.

At any time prior to or during the pendency of this proceeding, either party has the right to institute legal proceedings in a court of law. In such a situation, the panel has discretion to terminate or suspend its administrative proceeding or to proceed to a decision.

The Good News

ICANN has established a reasonable fee structure for those resolving disputes under the Policy. Fees are based upon the Provider selected to administer the proceeding, the number of domain names in dispute, and the size of the panel deciding the matter.

Though the Policy provides an efficient mechanism for resolving domain name disputes, it requires careful attention to its requirements.

To learn more about the Policy and how to access its dispute resolution procedures, please contact Cheryl Marteney.