UDRP Law: It’s Possible To Win A Federal Lawsuit After A Failed UDRP Ruling
A recent UDRP settlement proves that it pays to pursue domain dispute lawsuits — even if an initial ruling doesn’t go your way.
Before You Explain This Domain Dispute Case, Please Explain the UDRP Process
Established by the Internet Corporation for Assigned Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy (UDRP) is an international, quasi-judicial procedure through which parties can challenge ownership of URLs. Decisions are based on applicable intellectual property statutes and common law guidelines.
Under the UDRP process, claimants pay to convene case review panels comprised of intellectual property and legal experts. The more panelists requested, the more money it costs.
UDRP law analysts consider trademark issues, evidence of bad faith intent, and the legitimate interests of each party in respect to the domain name under review.
In most cases, both parties agree to UDRP’s decisions, but a defendant can move forward with a federal lawsuit if the panel sides with the claimant.
Domain Registrar Lost UDRP Complaint, But Won In Federal Court
Austin Pain Associates – a pain management medical practice in Texas — filed a UDRP claim over AustinPain.com – a URL owned by Hughes Domains. In a surprise decision, the UDRP panel sided with the medical practice and ordered Hughes to hand over the URL.
Legal watchers widely condemned the UDRP decision in favor of Austin Pain Associates. So, Hughes filed a federal domain dispute lawsuit.
In the end, the federal court sided with Hughes, and Austin Pain handed over $25,000.
But AustinPain.com now forwards to the APA’s website, which could mean that Hughes and the medical group made an additional deal adjunct to the lawsuit settlement.
It just goes to show that even if you lose an ICANN UDRP ruling, it’s sometimes worth it to move forward with an intellectual property lawsuit.
Speak With A Domain Dispute UDRP Law Attorney
Are you facing a domain dispute legal challenge? We’re here to help.