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Domain name dispute resolution involves attempting to acquire a trademarked domain name from another party. The process includes the current registrant, the party claiming priority, and the registrar. ICANN has developed a uniform policy for all registrars to resolve disputes. The process involves an administrative panel or court, and the winning party is granted the right to use the domain name. Individuals can represent themselves before the administrative panel, but parties may prefer to work with the panel rather than go to court.
Domain name dispute resolution is the process that one party must go through to attempt to acquire a trademarked domain name from another party with which the domain name is currently registered. The process is one that includes the current registrant, the party claiming priority over the domain name, and the registrar. The registrar is the company authorized by the Internet Corporation for Assigned Names and Numbers (ICANN) to register domain names.
There is a uniform domain name dispute resolution policy developed by ICANN that should be used by all registrars to resolve disputes between parties. This policy is included in the agreement between the registrar and all registrants so that all domain name dispute resolution processes proceed according to the same regulations. As part of the policy, a registrant must assert that its use of a specific domain name does not violate or violate the rights of another party.
Once a party alleges that another party is infringing or violating its rights, the offended party could begin the domain name dispute resolution process with an approved administrative panel that provides dispute resolution services. The party claiming such violation or infringement could also go directly to a court in its jurisdiction to challenge the use of the domain name. Once the administrative panel has completed its hearing or a court has made a decision, the decision-making body communicates the decision to the registry.
If the decision-maker determines, as part of the domain name dispute resolution process, that the complaining party has been wronged by the registrant, the decision-maker will deprive the registrant of the right to use the domain name. domain. The winning party in the decision is granted the right to use the domain name. The registry is notified which subject has received the rights to use the domain name and, at that time, the registry is authorized to make changes to the designated owner of the domain name.
In general, individuals can represent themselves before the administrative panel that hears domain name dispute resolution cases. If the case goes to a court rather than the administrative panel, each party should consider acquiring a lawyer. Most parties prefer to work with an administrative panel rather than go to a court for a decision. More often than not, the cases that end up in court involve a valuable trade name or brand.
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