Distinctive signs are elements that help consumers identify a company and/or its products and services (brands). Examples include trade names, signs, and domain names of a company.
The UDRP (Uniform Domain-Name Dispute Resolution Policy) procedure, established in 1999, was the first extrajudicial domain name recovery procedure implemented to combat cybersquatting.
The UDRP procedure is entirely governed by ICANN (Internet Corporation for Assigned Names and Numbers), which adopted the UDRP principles in 1999. ICANN also designated accredited arbitration and mediation centers where UDRP complaints are filed and processed.
Currently, five centers are authorized to handle UDRP complaints: the World Intellectual Property Organization (WIPO) in Geneva, the Czech Arbitration Court (CAC), the National Arbitration Forum (NAF) in the United States, the Asian Domain Name Dispute Resolution Centre (ADNDRC) with branches in Beijing, Kuala Lumpur, Hong Kong, and Seoul, and the newly established Arab Center (ACDR) based in Jordan.
Choosing the right arbitration center for a UDRP complaint must be carefully considered, as it can vary depending on several factors specific to each domain name dispute. This decision should take into account the complexity of the case and the client’s specific objectives. It is essential to select a center that not only has the required expertise to handle the nuances of the case but also can offer the best chances of meeting the client’s expectations in terms of outcome.
The bad faith of the respondent is a recurring cornerstone of the complainant’s claim on which the success of the domain name recovery request will depend.
Regarding the recognition and enforcement of foreign judgments, when the respondent is not established in France, it is necessary to go through an exequatur procedure. Conversely, extrajudicial procedures benefit from immediate application without the need for exequatur, provided that the parties have previously agreed to this modality. This allows for quicker and often less costly implementation of decisions. As for the awarding of damages, this is only possible before a judicial court.
These mechanisms offer an effective solution to counter abusive registration and bad faith use of domain names that violate the rights associated with registered trademarks.
Extrajudicial UDRP procedures offer several advantages. They are generally less expensive than judicial proceedings, which are more costly and less predictable. Additionally, decisions within extrajudicial procedures are typically quick, and it is possible to initiate a procedure for an almost unlimited number of domain names.
Dreyfus & associates assist you in any UDRP procedure worldwide to protect your trademark rights, considering the best defense strategies.
Dreyfus offers its internationally renowned expertise to clients
We assist in registering your distinctive signs (logos, slogans, etc.) to ensure effective legal protection.
We provide portfolio management services, including renewal tracking and strategy development to enhance your distinctive signs.
Infringement actions, nullity actions, and UDRP procedures.
We develop customized strategies to protect your distinctive signs against copying and unauthorized use.
Our experts advise on regulatory compliance and best practices for safe innovation.
We conduct continuous monitoring to detect any rights violations and act quickly to enforce them.
Registration provides legal protection for your visual identity against copying and unauthorized use by granting exclusive rights.
Effective management maximizes the value of your assets, tracks renewals, and develops strategies for their exploitation.
It is crucial to respond quickly. Our experts can represent you and take legal action to defend your rights.
We assist in registering and protecting your distinctive signs in multiple jurisdictions worldwide, ensuring global monitoring.
Monitoring involves tracking the market and registrations to detect any unauthorized use of your distinctive signs and take appropriate action.
Yes, we advise on practices and regulations to follow for safe innovation while protecting your distinctive signs.
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