UDRP Or URS: The Choice Is Yours

When seeking to recover a cybersquatted domain name, many trademark practitioners are unsure whether they should proceed with the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or the Uniform Rapid Suspension System (URS) process. Which is the right solution for you?

The URS was drafted not to compete with the UDRP, but to complement it—the URS almost exclusively focuses on the new generic top-level domains (gTLDs). The URS process is generally similar to the process under the UDRP.

For both, the trademark holder must prove that:

The domain name is identical or "confusingly similar" to the legally held trademark; The domain name has no legitimate rights; and The domain name was registered in bad faith. Under the URS, an administrative review is conducted within two business days of the submission. Upon completion of the review, the registry operator for the domain name freezes the domain and sends notice to the cybersquatter. The...

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