Uniform Domain Name Dispute Resolution Policy

The Uniform Domain Name Dispute Resolution Policy (UDRP) is an ICANN-mandated policy that governs the resolution of disputes between domain name registrants and trademark owners. 10Corp Web Services LLC ("10Corp"), as an ICANN-accredited registrar, is required to implement the UDRP for all eligible domain names registered through our platform.

1. What Is the UDRP?

The UDRP is a mandatory arbitration procedure established by ICANN that allows trademark owners to challenge domain name registrations they believe were made in bad faith and infringe their trademark rights '€” without resorting to costly litigation. The UDRP applies to all generic top-level domains (gTLDs) such as .com, .net, .org, and many country-code TLDs (ccTLDs) that have adopted the policy.

2. Grounds for a UDRP Complaint

A complainant (trademark owner) must establish all three of the following elements to succeed in a UDRP proceeding:

Identical or Confusingly Similar: The disputed domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
No Legitimate Rights or Interests: The domain name registrant has no rights or legitimate interests in respect of the domain name;
Bad Faith Registration and Use: The domain name has been registered and is being used in bad faith.

All three elements must be proven; failure to establish any one element will result in the complaint being denied.

3. Evidence of Bad Faith

UDRP panels consider the following as evidence of bad faith registration and use (non-exhaustive list):

Registering the domain primarily to sell it to the trademark owner or a competitor for profit;
Registering the domain to prevent the trademark owner from reflecting its mark in a domain name (pattern of conduct);
Registering the domain primarily to disrupt the business of a competitor;
Using the domain to intentionally attract users for commercial gain by creating confusion with the complainant's mark;
Providing false or misleading WHOIS contact information.

4. Legitimate Interests of the Registrant

A registrant can demonstrate legitimate rights or interests in a domain name by showing:

Use of the domain in connection with a bona fide offering of goods or services before notice of the dispute;
Being commonly known by the domain name, even without a trademark registration;
Making legitimate non-commercial or fair use of the domain, without intent to mislead consumers or tarnish the trademark.

5. UDRP Procedure

A. Filing a Complaint

A trademark owner wishing to initiate a UDRP proceeding must file a complaint with an ICANN-approved dispute resolution service provider. Approved providers include:

B. Notification

Upon receiving notice of a UDRP complaint naming a domain registered with 10Corp, 10Corp will lock the domain to prevent any transfers or modifications during the proceedings, and notify the registrant at their registered email address.

C. Response Period

The respondent (domain registrant) has twenty (20) days from the commencement of proceedings to file a response with the dispute resolution provider. Failure to respond does not automatically result in the complainant winning, but panels often decide in favor of the complainant when no response is submitted.

D. Panel Decision

A panel of one or three neutral arbitrators will review the complaint and response and issue a written decision, typically within fourteen (14) days of panel appointment. The decision will either deny the complaint, order the domain to be transferred to the complainant, or order the domain to be cancelled.

6. 10Corp's Role in UDRP Proceedings

10Corp's role in UDRP proceedings is limited to:

Locking the domain upon notification of a complaint;
Providing registrant contact information to the dispute resolution provider as required;
Implementing the panel's final decision (transfer or cancellation) within the specified timeframe;
Releasing the domain lock if the complaint is denied.

10Corp does not advocate for either party in UDRP proceedings and does not provide legal advice in connection with disputes.

7. Appealing a UDRP Decision

UDRP decisions are binding on the registrar but do not prevent either party from submitting the dispute to a court of competent jurisdiction. A registrant wishing to challenge a panel decision ordering transfer of their domain must file a lawsuit in the appropriate court within ten (10) business days of the decision. If a lawsuit is filed within this window and 10Corp is notified, 10Corp will delay implementation of the transfer pending the court's decision.

8. Costs

UDRP filing fees are paid by the complainant to the dispute resolution provider. 10Corp does not charge any fee for implementing a UDRP decision. Registrants should note that legal representation in UDRP proceedings, while not required, may involve attorneys' fees.

9. Full UDRP Policy Text

The complete text of the UDRP is available on ICANN's website: ICANN UDRP Policy and Rules.