Aaron Hall is experienced in representing clients in claims of cybersquatting, trademark infringement, trademark dilution, copyright infringement, and related internet intellectual property disputes.

UDRP Disputes in Minnesota

The Uniform Domain-Name Dispute-Resolution Policy (often referred to as the “UDRP”) governs domain name disputes. Many domain name disputes never get to the UDRP process because they are resolved quietly, without the fanfare and expense of a formal dispute process.

The resolution of a domain name dispute often begins with the trademark owner’s attorney sending a Cease and Desist Letter to the alleged cybersquatter or trademark infringer. Aaron represents both trademark holders and the defense of domain name owners (often called domainers).

After the Cease and Desist Letter, the attorneys generally attempt to negotiate a resolution without litigation or use of the UDRP process. When feasible, negotiations outside of a lawsuit or UDRP is less expensive. That is, the formal UDRP process and litigation require extensive legal work, which in turn results in substantial costs to the parties.

FAQ

How long do you have to respond to a UDRP complaint?

You generally have twenty (20) days. This is provided in paragraph 5(a) of the UDRP Rules:

Within twenty (20) days of the date of commencement of the administrative proceeding the Respondent shall submit a response to the Provider.

How long do you have to appeal a UDRP decision?

You generally have ten (10) days. Technically, it’s not called an “appeal.” Rather, it’s a lawsuit in federal court to allow a judge to rule on who is entitled to the domain name. This is provided in paragraph 4(k) of the UDRP Policy:

If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure.

What are the steps to the UDRP process?

Here are some great guides from Harvard and GigaLaw.