Online Brand Infringement

Online Brand Infringement

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Home | Online Brand Infringement | DRP and UDRP

Since UDRP (Uniform Dispute Resolution Policy) was established in 2000, Melbourne IT Digital Brand Services has assisted clients in submitting more than 100 case actions. Our experience with so many cases and verdicts has resulted in our clients succeeding 96% of the time when entering UDRP proceedings. Our team saves clients considerable time and expense in quickly assessing and recommending an effective approach.
All registrars in the .biz, .com, .info, .name, .net, and .org top-level domains follow UDRP. Under the policy, most types of Trademark based domain name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings. In such a case the holder of the Trademark rights initiates action by filing a complaint with an approved DRP (Dispute Resolution Process) provider. Most ccTLD spaces are governed by their own DRP i.e. DRS (Dispute Resolution Services) operated by the UK's NIC.
Prior to initiating any DRP and UDRP action, Melbourne IT Digital Brand Services conduct an investigative report. Investigation reports provide the background information relating to the complaint and include an indication of the claim's prospects of success. In some cases, Melbourne IT Digital Brand Services will recommend an alternative course of action. Alternative recommendations could be:
  • Contact the ISP host and requesting the site removal
  • Requesting the domain name be deleted at the registry
  • Requesting the domain name to be cancelled by the owner
  • Purchase of the domain name
If the investigation report supports a DRP/UDRP claim, Digital Brand Services legal professionals will prepare a cease and desist letter, requesting the specific action that the client prefers, to be taken. Most cease and desist requests are met but if unsuccessful, Melbourne IT Digital Brand Services will proceed and prepare and file a claim with the DRP/UDRP service provider at issue on behalf of our client. Melbourne IT Digital Brand Services will then manage all administrative proceedings during course of DRP/UDRP; receiving and communicating between the DRP/UDRP panel and our clients whilst providing expert advice.
DRP/UDRP Features
  • Specialist team with experience in over 100 DRP/UDRP cases
  • Detailed initial investigation report
  • Expert recommendations
  • Preparation and issuance of cease and desist letters
  • Claims preparation and filing on client's behalf
 
 
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