Domain dispute resolution

A domain dispute usually starts when someone believes a domain name copies their trademark and was registered to take advantage of it. You don't always need a court case to settle one: most extensions come with a dispute policy that an independent panel or arbitrator decides. This guide explains which policy applies to which extension, how each process works, and what to do whether you are bringing a complaint or have received one.

1. What counts as a domain dispute

The first three are trademark disputes and are handled by the policies below. An unauthorised transfer between registrars is a different problem, covered by ICANN's Transfer Dispute Resolution Policy; see the guide to ICANN's transfer dispute policy. If you think your domain has been taken without permission, contact the registrar that holds it at once.

2. Which policy applies to which extension

A court case is always possible in addition to, or instead of, these policies, for example a trademark infringement or passing-off suit. Courts can award damages and injunctions, which the dispute policies cannot.

3. How a UDRP case works

The UDRP applies to every generic extension accredited through ICANN. Every registrant agrees to it as part of registering such a domain.

To succeed, the complainant must prove all three of these:

• the domain is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
• the registrant has no rights or legitimate interests in the domain; and
• the domain was registered and is being used in bad faith.

Legitimate interests can include using the name for a genuine business before the dispute arose, being commonly known by the name, or making fair, non-commercial use of it, such as a genuine criticism site. The UDRP cannot award money; the only outcomes are transfer, cancellation or denial of the complaint.

4. How URS differs

The Uniform Rapid Suspension System is a faster, cheaper process for clear-cut cases on the newer generic extensions (such as .online, .store or .xyz) and on some older extensions whose registry contracts include it. It does not apply to .com or .net.

• Higher bar. The complainant must prove its case by clear and convincing evidence, and it is meant only for obvious abuse.
• Shorter response time. The registrant normally has 14 days to respond.
• Suspension, not transfer. A successful URS complaint suspends the domain for the rest of its registration period, and it then shows a standard page saying so. The domain is not handed to the complainant; a complainant who wants the name uses the UDRP.

5. .in domains: INDRP

Disputes over .in domains and the second-level .in extensions are decided under the .IN Domain Name Dispute Resolution Policy (INDRP), administered by NIXI, the .IN registry.

• Where to file. The complaint goes to NIXI, which appoints an arbitrator from its panel. The current policy, rules and fees are published on the .IN registry's website.
• What must be shown. Broadly the same kind of case as the UDRP: a similar name, no legitimate interest in it, and bad faith.
• How it is decided. The proceeding is an arbitration under India's Arbitration and Conciliation Act, 1996, usually decided on written submissions.
• Outcomes. The arbitrator can order the domain cancelled or transferred to the complainant.

Every .in registrant agrees to the INDRP when registering, just as .com registrants agree to the UDRP. If you received an INDRP notice, read the deadline in it carefully and respond on time.

6. If someone registered a domain that matches your brand

If the domain is being used for phishing, malware or fraud right now, that is an abuse matter rather than a dispute; report it to the registrar and the hosting provider so it can be dealt with quickly.

7. If you received a complaint about your domain

• Gather your evidence of legitimate use: when and why you chose the name, business registration papers, invoices, and screenshots of your website over time.
• Don't try to move the domain. It is locked during the case, and trying to transfer or change the registrant can be treated as bad faith.
• Keep your WHOIS contact details accurate. Notices go to the registrant's contact details, and an out-of-date email address is how people miss them. See how to change your domain's WHOIS information.
• Know your options after a decision. A UDRP decision can be challenged in court within the short window before it is carried out.

8. Prevent disputes before they start

• Search before you register. Check trademark registers for the name you want, including India's trademark registry for Indian businesses.
• Register your own variations. Secure the .in, .co.in and .com of your main brand, and common misspellings if the name is valuable.
• Register your trademark. A registered mark is the strongest basis for any future complaint.
• Keep your domains renewed and your account secure. An expired domain can be registered by anyone, and an unauthorised transfer usually starts with a compromised email account or password.

9. Domain India's role

Domain India is a NIXI-accredited .IN registrar. Our terms require every registrant to comply with ICANN rules for generic extensions, NIXI rules for .in domains, and the registry-specific dispute policies (UDRP and INDRP). We don't decide disputes or give legal advice. When a provider or arbitrator is handling a case about a domain registered with us, we act on its requests and carry out the outcome as the policy requires.

If you have questions about a domain registered with us, such as confirming who holds it on your account or updating its contact details, open a support ticket.

Ready to protect your brand? Register the .in, .co.in and .com of your name at domain registration, keep your contact details current, and if you have a question about a domain registered with us, open a ticket.