Domain Name Dispute FAQs

Domain Name Dispute FAQs

Common Questions for Domain Name Disputes

Do I have legal rights to my domain name?

Like a company or business name, registering a domain name does not give the holder any proprietary rights to that name unless the holder registers that name as a trade mark or owns common law rights in that name. So if you use a domain name that is substantially identical or deceptively similar to someone else’s trade mark, you may infringe the rights of the trade mark owner.

What should I do if I found someone using a domain name similar to my trade mark?

You may commencing legal proceedings in court for trade mark infringement. However, the auDRP or UDRP provides a cheaper, speedier alternative to litigation for dispute resolution concerning .au domain names.

What is auDRP and UDRP?

The auDRP (.au Dispute Resolution Policy) is an alternative dispute resolution mechanism administrated by auDA (au Doman Administration Limited). Similarly, the UDRP (Uniform Domain Name Dispute Resolution Policy) is a domain name resolution process established by the ICANN (Internet Corporation for Assigned Names and Numbers).

What kind of domains are covered by the auDRP and UDRP?

The auDRP covers disputes concerning domains ending in com.au, net.au, asn.au, edu.au, id.au and org.au. The UDRP covers most top level domains such as .com and .net.

What remedies are available under the auDRP and UDRP?

A complainant can request the domain in dispute to either be cancelled or transferred to the complainant.

How long does it take to resolve the dispute under the auDRP and UDRP?

Normally, most auDRP and UDRP proceedings take about 45 to 60 days to complete from the date of filing a complaint.

Can damages be awarded?

No. The panellist can only decide to cancel or transfer the domain name, or deny the complaint. It is not possible for the panel to make any monetary judgments.

Will the decision of auDRP and UDRP bind the parties?

Yes. Panel decisions under the auDRP and UDRP are binding on the parties. However, it is possible to appeal in court if a party is not satisfied with the outcome. Alternatively, a party may choose to commence a lawsuit in court without using auDRP or UDRP procedures.

How much does it cost to file a complaint under auDRP or UDRP?

For an auDRP case, the official fee is $2,000 in the case of a single member panel. For a case filed with WIPO Centre (UDRP) involving between 1 and 5 domain names that is to be decided by a single member panel, the official fee is US$1,500. The parties may designate a three member panel for additional costs.

Our professional fee for preparing a complaint or a response will be anywhere between $1,500 to $2,500 depending on the complexity of the matter and volume of evidence etc.

For more information, call us today on +61 2 9233 1411 or send us an online enquiry.

Disclaimer: This page has been prepared to provide general information and does not constitute legal advice. The information provided is not intended to create a lawyer/attorney- client relationship. Any information viewed or obtained on this site should not be relied upon as a substitute for detailed legal advice.