Editing Uniform Domain-Name Dispute-Resolution Policy (section)

== Process ==
A complainant in a UDRP proceeding must establish three elements to succeed:
* The domain name is identical or confusingly similar to a [[trademark]] or [[service mark]] in which the complainant has rights;
* The registrant does not have any rights or legitimate interests in the domain name; and
* The domain name has been registered and the domain name is being used in "[[bad faith]]".

In a UDRP proceeding, a panel will consider several non-exclusive factors to assess bad faith, such as:
* Whether the registrant registered the domain name 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;
* Whether the registrant registered the domain name to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, if the domain name owner has engaged in a pattern of such conduct; and
* Whether the registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
* Whether by using the domain name, the registrant has intentionally attempted to attract, for commercial gain, internet users to the registrant's website, by creating a likelihood of confusion with the complainant's mark.

The goal of the UDRP is to create a streamlined process for resolving such disputes. It was envisioned that this process would be quicker and less expensive than a standard legal challenge in a national or foreign court. In addition, the procedures are 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.

In order to file a UDRP complaint with a UDRP provider, the costs often start around [[United States dollar|US$]]1,000 to $2,000.<ref>{{Citation
 | title = InterNIC &#124; FAQs on the UDRP
 | url = http://www.internic.net/faqs/udrp.html
 | access-date = 2009-10-09
}}</ref> The costs of the case will depend on the number of domain names involved and whether the case is decided by a single or by 3 panelists. For example, a case handled by the WIPO Arbitration and Mediation Center, involving between 6 and 10 domain names and decided by 3 panelists would cost [[United States dollar|US$]] 5,000.<ref>{{Cite web |title=WIPO Guide to the Uniform Domain Name Dispute Resolution Policy |url=https://www.wipo.int/amc/en/domains/guide/#b3 |website=WIPO}}</ref> Those fees do not include any payment that might have to be made to a lawyer representing a party in the administrative proceeding. Fees are available in Providers supplemental rules.<ref>{{Cite web |title=CAC's UDRP Supplemental Rules of the Czech Arbitration Court |url=https://udrp.adr.eu/arbitration_platform/udrp_supplemental_rules.php#12 |website=UDRP}}</ref> In order to assist parties in filing their pleadings, WIPO provides a guide of case law called the WIPO Overview; this resource summarizes almost 1,000 UDRP decisions from hundreds of expert panelists.<ref name="WIPO Panel Overview" />

If a party loses a UDRP proceeding, in many jurisdictions they may still bring a lawsuit against the domain name registrant under local law. For example, the administrative panel's UDRP decision can be challenged and in effect “overturned” in a U.S. court of law by means of e.g. the [[Anticybersquatting Consumer Protection Act]]. If a domain name registrant loses a UDRP proceeding, they can file a lawsuit against the trademark holder within ten business days to prevent a registrar from transferring the domain name in the relevant jurisdiction (either the location of the registrar's principal office or the registrant's location).<ref name="ICANN" /><ref>{{cite web|url=http://www.cybersquatting.com|title=An Informational Website About Cybersquatting Law}}</ref>