Udrp Filing Fees

[Geraldine Ferraiz]

Specificquestions that are not addressed in the Guide may be submitted by e-mail to arbite...@wipo.int. Information about domain name dispute resolution under the UDRP is also available at the Internet Corporation for Assigned Names and Numbers website (ICANN).

Note: The WIPO Arbitration and Mediation Center cannot provide legal advice concerning the merits of a particular dispute or potential dispute. Persons requiring advice as to the strength of their case or other advice not concerning purely procedural issues, should seek the advice of a lawyer. The Center does not recommend the names of lawyers.

The Uniform Domain Name Dispute Resolution Policy (the UDRP Policy) sets out the legal framework for the resolution of disputes between a domain name registrant and a third party (i.e., a party other than the registrar) over the abusive registration and use of an Internet domain name in the generic top level domains or gTLDs (e.g., .biz, .com, .info, .mobi, .name, .net, .org), and those country code top level domains or ccTLDs that have adopted the UDRP Policy on a voluntary basis. At its meetings on August 25 and 26, 1999 in Santiago, Chile, the ICANN Board of Directors adopted the UDRP Policy, based largely on the recommendations contained in the Report of the WIPO Internet Domain Name Process, as well as comments submitted by registrars and other interested parties. All ICANN-accredited registrars that are authorized to register names in the gTLDs and the ccTLDs that have adopted the Policy have agreed to abide by and implement it for those domains. Any person or entity wishing to register a domain name in the gTLDs and ccTLDs in question is required to consent to the terms and conditions of the UDRP Policy.

On October 24, 1999, the ICANN Board adopted a set of Rules for Uniform Domain Name Dispute Resolution Policy (the UDRP Rules) setting out the procedures and other requirements for each stage of the dispute resolution administrative procedure. The procedure is administered by dispute resolution service providers accredited by ICANN. The WIPO Arbitration and Mediation Center (WIPO Center) is such a dispute resolution service provider.

The WIPO Center acted as technical advisors to the ICANN drafting committee charged with finalizing the UDRP Policy and Rules. It has developed WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy which supplement the UDRP Policy and Rules.

In case of a dispute involving a domain name registered in a ccTLD, the UDRP Administrative Procedure can also be used, provided that the concerned ccTLD registration authority adopted the UDRP Policy on a voluntary basis. This information is contained in the overview of all ccTLDs for which WIPO provides dispute resolution services.

According to Paragraph 4(a) of the UDRP Policy, the UDRP Administrative Procedure is only available for disputes concerning an alleged abusive registration of a domain name; that is, which meet the following criteria:

(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights; and

Paragraph 4(b) of the UDRP Policy sets out the following examples of circumstances that will be considered by an Administrative Panel to be evidence of the bad faith registration and use of a domain name:

(i) Circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of the domain name registrant's out-of-pocket costs directly related to the domain name; or

(ii) The domain name was registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name registrant has engaged in a pattern of such conduct; or

(iv) By using the domain name, the domain name registrant intentionally attempted to attract for financial gain, Internet users to the registrant's website or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of the registrant's website or location or of a product or service on the registrant's website or location.

The main advantage of the UDRP Administrative Procedure is that it typically provides a faster and cheaper way to resolve a dispute regarding the registration and use of an Internet domain name than going to court. In addition, the procedures are considerably more informal than litigation and the decision-makers are experts in such areas as international trademark law, domain name issues, electronic commerce, the Internet and dispute resolution. It is also international in scope: it provides a single mechanism for resolving a domain name dispute regardless of where the registrar or the domain name holder or the complainant are located.

Yes. Paragraph 4(k) of the UDRP Policy provides that the mandatory administrative proceeding requirement shall not prevent either the domain name registrant (Respondent) or the third party (Complainant) from submitting the dispute to a court of competent jurisdiction for independent resolution. It is possible for a party to start a lawsuit in court before an administrative proceeding is commenced. A party can also commence a lawsuit after the administrative proceeding is concluded if it is not satisfied with the outcome.

Yes, provided that the domain name Registration Agreement covering the domain name in issue specifically incorporates the UDRP Policy. This is the case for certain ccTLDs that have adopted the UDRP Policy on a voluntary basis.

For a case filed with the WIPO Center involving between 1 and 5 domain names that is to be decided by a single Panelist, the fee is USD1500. For a case that is to be decided by 3 Panelists, the fee is USD4000.

The Complainant is responsible for paying the total fees. The only time the Respondent has to share in the fees is when the Respondent chooses to have the case decided by 3 Panelists and the Complainant had chosen a single Panelist.

Following the formal commencement of an administrative proceeding, the WIPO Center publishes on its website the domain name(s) in issue, the date of the formal commencement of the administrative proceeding and the status of the case. The WIPO Center also makes available on its website the decisions rendered under the UDRP Policy in accordance with Paragraph 16 of the UDRP Rules, by case number or by topic through a searchable Index.

According to Paragraph 11 of the UDRP Rules, unless the parties to an administrative proceeding agree otherwise, or the Registration Agreement that relates to the domain name in question specifies otherwise, the language of the administrative proceeding will normally be the language of the relevant Registration Agreement. The Administrative Panel, however, has the discretion to designate a different language, taking into consideration the circumstances of the administrative proceeding (e.g., the nationality of the parties, the language of the documentation). The Administrative Panel also has the authority to order parties to translate documents that are not in the language of the administrative proceeding.

Paragraph 13 of the UDRP Rules makes it clear that there shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless the Administrative Panel determines, only as an exceptional matter, that a hearing is necessary in order for it to make its decision.

The Complaint may be submitted to any accredited dispute resolution service provider. For the gTLDs, these providers are accredited by ICANN. For the ccTLDs to which the UDRP Policy applies, they are accredited by the administration of the ccTLD in question. Not only must the Complaint conform to the requirements specified in the UDRP Rules, but also to those specified in the chosen Provider's supplemental rules, if any.

The WIPO Center was the first provider to be accredited by ICANN and the first to receive cases under the UDRP Policy. Its expertise to administer domain name disputes stems from its involvement in the international process conducted by WIPO at the request of its member States which led to the UDRP Policy and Rules. The WIPO Center also has specialist knowledge in intellectual property and considerable experience in dispute resolution administration generally.

While there is no standard ICANN form, the WIPO Center has prepared a model Complaint and filing guidelines which parties may wish to consult. This model has been prepared by the WIPO Center and is intended to serve as a guide for filing a Complaint under the UDRP Policy with the WIPO Center. Its use as a basis for the preparation of a party's complaint does not preclude the possibility of that Complaint being found deficient following the WIPO Center's formalities compliance review, nor does reliance on the model guarantee a Complainant's success on the merits.

A complaint must be submitted in electronic form in accordance with paragraph 3(b) of the UDRP Rules and 12(a) of the WIPO Supplemental Rules. In order to facilitate electronic filing, the WIPO Center offers a Model Complaint:

Unless the Complainant and the Respondent agree otherwise, or if specified otherwise in the Registration Agreement, the Complaint must normally be in the same language as the Registration Agreement. The Administrative Panel can order any attachments not in the same language as the Registration Agreement to be translated in full or in part by and at the cost of the submitting party.

The information that must be included in the Complaint is described in Paragraph 3 of the UDRP Rules. In addition, the WIPO Center has prepared a model Complaint and filing guidelines which serve as a checklist of elements to include in a Complaint. In order to assist parties in preparing their submissions, the WIPO Center also makes available an online Index of decisions rendered under the UDRP Policy, as well as a jurisprudential Overview.

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