UDRP and .eu ADR
Under the Uniform Domain Name Dispute Resolution Policy, a complainant must show a trade mark right, the absence of a legitimate interest of the domain holder, and registration and use in bad faith. Proceedings before the WIPO Arbitration and Mediation Center are conducted in writing, and decisions are typically issued about two months after filing. For .eu domains a similar ADR procedure is available.
.de domains
For .de domains there is no UDRP. A dispute entry with DENIC prevents transfer to third parties during the dispute and ensures that the domain passes directly to the holder of the dispute entry once released. Claims are based on German name law (§ 12 BGB), trade mark law or unfair competition law and are enforced before German courts.
Case studies: Domain Disputes
.com domain with a German trade mark
.de domain for a foreign brand
Defending a UDRP complaint
The examples are typical, anonymised and simplified scenarios from our practice. Every case is different – the outcome depends on the individual circumstances.
Our services: Domain Disputes
- Assessment of prospects
- UDRP complaints at WIPO
- ADR for .eu domains
- DENIC dispute entries for .de
- Defence of domain holders
- Domain purchases and escrow
How we work with you
FAQ: Domain Disputes
How long does a UDRP proceeding take?
A decision is often available about two months after the complaint is filed.
Is there a UDRP for .de domains?
No. For .de domains, a DENIC dispute entry and proceedings before German courts are the relevant tools.
What does a UDRP proceeding cost?
WIPO charges fixed fees depending on the number of domains and panellists, plus legal fees. Cost reimbursement by the other side is not provided for.
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