When seeking to recover a cybersquatted domain name, many
trademark practitioners are unsure whether they should proceed with
the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or the
Uniform Rapid Suspension System (URS) process. Which is the right
solution for you?
The URS was drafted not to compete with the UDRP, but to
complement it—the URS almost exclusively focuses on the new
generic top-level domains (gTLDs). The URS process is generally
similar to the process under the UDRP.
For both, the trademark holder must prove that:
- The domain name is identical or
"confusingly similar" to the legally held trademark;
- The domain name has no legitimate
rights; and
- The domain name was registered in bad
faith.
