Process UDRP

BASIC ABUSE REMEDIATION PROCESS

The Uniform Domain-Name Dispute Resolution Policy (UDRP) has been adopted by ICANN-accredited Registrars in all gTLDs (.aero, .biz, .com, .coop, .info, .museum, .name, .net, .org, .pro). 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.

REFERENCE LINKS FOR UDRP

Uniform Domain Name Dispute Resolution Policy - http://www.icann.org/dndr/udrp/policy.htm

Rules for Uniform Domain Name Dispute Resolution Policy - http://www.icann.org/dndr/udrp/uniform-rules.htm

List of Approved Dispute-Resolution Service Providers - http://www.icann.org/dndr/udrp/approved-providers.htm

TERMS USED IN SUCH COMPLAINTS

Complainant - means the party initiating a complaint concerning a domain-name registration.

ICANN - refers to the Internet Corporation for Assigned Names and Numbers.

Mutual Jurisdiction - means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider.

Panel - means an administrative panel appointed by a Provider to decide a complaint concerning a domain-name registration.

Panelist - means an individual appointed by a Provider to be a member of a Panel.

Party - means a Complainant or a Respondent.

Policy - means the Uniform Domain Name Dispute Resolution Policy that is incorporated by reference and made a part of the

Registration Agreement.

Provider - means a dispute-resolution service provider approved by ICANN. A list of such Providers appears at www.icann.org/udrp/approved-providers.htm.

Registrar - means the entity with which the Respondent has registered a domain name that is the subject of a complaint.

Registration Agreement - means the agreement between a Registrar and a domain-name holder.

Respondent - means the holder of a domain-name registration against which a complaint is initiated.

Reverse Domain Name Hijacking - means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.

Supplemental Rules - means the rules adopted by the Provider administering a proceeding to supplement these Rules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Panel, and the form of cover sheets.

IMPORTANT NOTES:

1. Always verify that you are the Sponsoring Registrar of the reported domain name.

2. This Complaint needs to be documented at your central data repository.(create a task for each UDRP case and store all

the communication & documents related to the particular case. This will help you to track the case progress)

3. Upon receipt of a complaint from any UDRP service Provider, you are expected to respond to it within 48 hours.

4. Create a separate customer account for yourself for UDRP issues. You can move the domain name to this account during

the proceedings. Please make sure that you retain the domain contact details while moving the domain.

ACTION REQUIRED ON THE DISPUTED DOMAIN:

Step 1: If Privacy Protection has been enabled for the domain name, DISABLE it. Provide the reason for the actions as -

Pending UDRP Case ID: XXXX.

Step 2: Move the domain name under your UDRP customer Account (RETAIN THE REGISTRANT CONTACT) and inform

the Reseller / Customer that we have moved the domain name on account of an ongoing UDRP CASE and they can

contact you at <your email id for udrp issues> for renewal. Highlight the EXPIRY DATE.

Step 3: LOCK the domain name from your Registrar interface (Reason: Pending UDRP Case ID: XXXX). Maintain this lock

during the entire proceedings of UDRP.

STAGES OF UDRP PROCEEDING

1. Verification – UDRP service provider sends you a verification mail to confirm details associated with the

domain name.

2. Commencement – This means that the case proceedings have been started.

3. Decision – contains the case proceeding details, case winner and what actions needs to be taken on the

respective domain name.

1. VERIFICATION -

Before initiating the case, the UDRP service provider will send you a verification mail. The main purpose of this verification mail is to confirm certain data associated with the disputed domain name. The UDRP provider will ask you to confirm the Registrar, Registrant, Whois, Expiry date of the domain etc. We are adding the questionnaire included by WIPO and NAF in the verification mail along with the answer format below.

To WIPO

<your registrar name>.com acknowledges the UDRP Case <Case No.> administrative proceedings against the domain name <Domain Name>. Kindly find our compliance to your requirements as below:

Question (1) - indicate whether, at the time of your reply to us, you are in receipt of a copy of the Complaint sent by the Complainant, as required by WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy, Paragraph 4(b)

Answer (1) (If you HAVE received the complaint copy from the complainant) – <your registrar name>.com is in receipt of the copy of the Complaint forwarded by the Complainant in soft copy (email) / hard copy (post, courier)

OR

Answer (1) (If you HAVE NOT received the complaint copy from the complainant) – No, <your registrar name>.com is NOT in Receipt of the Complaint.

Question (2) - confirm that the specified domain name(s) is/are registered with you;

Answer (2) - The domain name <Domain Name>'s registration is sponsored by the Registrar <your registrar name>

Question (3) - confirm that the Respondent is the current registrant of the domain name(s) (under section 3.7.7.3. of the ICANN Registrar Accreditation Agreement, the use of privacy registration services may require disclosure of any underlying registrant upon notice of a UDRP dispute);

Answer (3) - The Current Registrant as per the Whois database is the same as the Respondent.

OR

If the case is filed against Privacy Protect. Then you will update, The Current Registrant as per the Whois database is the not the Respondent. Please note, Privacy protection is only a service that the Respondent has enabled for this domain name. For your reference below are the correct Respondent (Registrant) details. Currently, we have disabled this service. The correct Respondent (Registrant) details will be visible in the whois for this domain name in next 24 hours.

<Domain Name's Registrant Contact Details>

OR

The Current Registrant as per the Whois database is different from the Respondent -

<Domain Name's Registrant Contact Details>

Question (4) - provide the full contact details (i.e., postal address(es), telephone number(s), facsimile number(s), e-mail address(es)) that are available in your WHOIS database for the domain name registrant, technical contact, administrative contact and billing contact, for the above domain name(s);

Answer (4) - The complete Contact Details of the domain name <Domain Name> as per http://whois.<your registrar name>.com are - http://whois.<your registrar name>.com

<Domain Name's all Contact Details as seen in the Whois Output>

Question (5) confirm that the Uniform Domain Name Dispute Resolution Policy applies to the domain name(s)

Answer (5) - <your registrar name>.com confirms that UDRP extends to all <this domain name's TLD> domain name registrations, registered through <your registrar name>.com. Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name.

Question (6) - indicate the date of expiry of the domain name(s);

Answer (6) - The Expiry Date of the domain name as per our database is <Expiry date within OrderBox>.

Question (7) - confirm that the domain name(s) has been or is in the process of being placed on Registrar lock, and will remain so during the course of these proceedings (pursuant to paragraph 8 of the UDRP; where applicable, for ICANN-accredited registrars reference is also made to paragraph 3.7.5.7. of the ICANN Expired Domain Deletion Policy,at http://www.icann.org/en/registrars/eddp.htm);

Answer (7) - A Registrar Lock has been applied to <domain name> and will continue to be maintained, until the Expiry of the domain name (expiry date). Post which either the Complainant or the respondent can renew the domain name to keep the domain name under Registrar LOCK so that the administrative procedure can continue as required under the UDRP. The Registrar accepts no responsibility for the consequences if the necessary steps to ensure the renewal of the disputed domain name are not taken by the parties.

Question (8) - indicate the specific language of the registration agreement as used by the registrant for each domain name;

Answer (8) - The English language was used to inform the Registrant of both the Domain Registration Agreement as well as the Customer Master Agreement during the domain name Registration and Customer Signup process.

Question (9) - indicate, if possible, the date on which the current registrant registered (or acquired the registration of) the domain name(s).

Answer (9) - The domain name was registered on <Creation Date within OrderBox>.

To avoid any Registrant contact modifications during the proceedings of this case , we have currently moved the domain name 'Domain name' to our Pending UDRP Case Account.

In case of any modifications to be done or renewal action to be placed during the course of the proceeding, please feel free to update Registrar <your registrar name>.com by sending us an e-mail at <your udrp email id> or any other means found justifiable by you.

Regards,

<Registrar Name> Compliance Team

******************************************************************************************************

To NAF

Hello,

<YOUR REGISTRAR NAME> acknowledges the UDRP Case <case id> administrative proceedings against the domain name <domain name>. Kindly find our compliance to your requirements as below:

1. Confirmation that you are the Registrar for:

A (1) The domain name <domain name> is registered with the registrar <YOUR REGISTRAR NAME>.

2. Registrant contact information for each of the domain names listed in #1, including billing information (we will assume that whatever you provide us for Registrant contact information includes billing information if you do not specify).

A (2) The Contact Details of the domain names <domain name> are as follows:

<contact details>

3. Confirmation that each domain name in #1 is on a Registrar LOCK, or its equivalent, preventing the domain names from being transferred.

A (3) A Registrar Lock has been applied to the domain name <domain name> and will continue to be maintained, until the Expiry of the domain name, post which the Complainant/Respondent may choose to Renew this domain name through Registrar, prior to the Automatic Deletion of the domain name.

4. The language of the Registration Agreement for each domain name (we will assume it is English unless you advise us otherwise).

A (4) The English language was used to inform the Registrant of the Registrar - Registry Agreements during the domain name

Registration process.

5. Confirmation that the domain name is NOT expired or deleted and that you will not allow the domain to expire or be deleted pending this proceeding.

A (5) The Registrar accepts no responsibility for the consequences if the necessary steps to ensure the renewal of the disputed domain name are not taken by the parties. Either

the Complainant or the respondent can renew the domain name to keep the domain name under Registrar LOCK so that the administrative procedure can continue as required under the UDRP.

6. The current expiration date.

A (6) The Expiry Date of the domain name <domain name> as per our database is <expiry date>.

To avoid any Registrant contact modifications during the proceedings of this case , we have currently moved the domain name 'Domain name' to our Pending UDRP Case Account.

In case of any modifications to be done or renewal action to be placed during the course of the proceeding, please feel free to update Registrar <your registrar name>.com by sending us an e-mail at <your udrp email id> or any other means found justifiable by you.

Regards,

<Registrar Name> Compliance Team

******************************************************************************************************

2. COMMENCEMENT -

Commencement mail is just any FYI mail sent to all the parties involved and the domain registrar to inform them that the UDRP case proceedings have been initiated. No action is required from your end. You can simply reply to this mail saying 'Thank you for the notification'.

3. DECISION -

Decision is the final step of the UDRP proceedings. After the UDRP decision is reached; center will forward you a mail along with attached decision in word / pdf format. As domain registrar it's your responsibility to implement the decision. You need to reply to the decision mail with the date on which you'll implement this decision (10 business days after receiving the decision notification mail). The most common type of decisions are -

(A) Transfer the domain ownership to the complainant: Here the decision document is stating that the disputed domain name has been awarded to the complainant of the UDRP case and as a domain registrar it's now your responsibility to transfer ownership of this domain name to the winning party.

(B) Domain name be canceled: This means DELETE the domain name. This decision is passed when the complainant in not looking to gain ownership of the domain name, instead they just want the domain name to be deleted.

3. Case Dismissed / Terminated: This means that the complainant has failed to prove that the domain name is violating their trademark and UDRP provider have dismissed the case hearings. This decision means that the domain name will remain with it's present owner.

Once the you implement the decision, reply to the same mail thread and confirm that you have implemented the given decision and marking the issue as resolved.

HOW TO IMPLEMENT THE DECISION

(A) Transfer the domain ownership to the complainant:

1. Wait for 10 business days.
2. Remove all types of lock from the domain name.
3. Create a customer account for the complainant and move the domain name to their account.
4. Send a mail to the complainant with the customer account login credentials and give them steps to find the

authorization code of the domain name.

5. Reply to UDRP providers decision mail saying you have implemented the decision and transferred the domain

ownership to the Complainant. Also inform them that you have sent a separate mail to the complainant with

their domain management panel login details.

6. Inform the registrant of the domain name that you have allotted the domain to the UDRP complainant as per the

decision passed by the UDRP provider.

(B) Domain name be canceled:

1. Wait for 10 business days.
2. If you don't receive any copy of the plaint filed by the domain registrant against the UDRP decision; DELETE the

domain name.

3. Reply to UDRP providers decision mail saying you have implemented the decision and DELETED / CANCELED the domain name.
4. Inform the registrant of the domain name that you have allotted the domain to the UDRP complainant as per the

decision passed by the UDRP provider.

(C) Case Dismissed / Terminated:

1. Remove all the locks from the domain name and move it back to the old registrants account.

2. Reply to UDRP providers decision mail saying you have implemented the decision and moved the domain

name back to the original registrants account.

In few cases, there are couple of other case status mails you will receive during the proceedings. This can happen when the Complainant and Respondent have reached some kind of settlement mutually instead of going through the entire UDRP proceedings.

CASE SUSPENSION:

At times the UDRP case gets suspended by the Center. This generally happens when Respondent agrees to give the domain name to the Complainant. In this scenario UDRP provider notifies the Registrar of the domain name about the suspension of the case. On receiving notification of suspension of UDRP proceedings the Registrar needs to unlock the domain name. However, Registrar is expected to ensure that the domain name does not gets transferred to any one else but the Complainant. We advice you to follow the below given process to tackle this tricky scenario.

1. Let the domain name remain in the UDRP Account in its locked status.

2. Reply the center’s suspension notification mail asking the Respondent to provide a confirmation that we can hand over the domain name to the Complainant. Make sure that all the parties are marked a copy of this mail.

3. Once the Respondent confirms, we need to check if the complainant details are mentioned in the case documents. If not, ask the Complainant to provide his details so that we can create a customer account for him.

4. After receiving the details, create an account for the Complainant under you and move the domain name under it and unlock the same.

5. Create a ticket for the complainant with his customer account details

6. Reply the suspension mail thread stating that the complainant has been given domain name access and a separate customer account from where he can manage the domain name.

CASE WITHDRAWAL:

When the complainant and respondent mutually decide to close the case before its commencement, the case gets withdrawn. In that case, we can unlock the domain name and move back the domain name to the Respondent's account.