Recovering a Domain from a Cybersquatter: A Udrp Complaint Field Guide

48 questions on recovering a domain from a cybersquatter, answered and cited by the UpLaw editorial team.

• Can a complainant rely on unregistered trademark rights in a UDRP proceeding?
• Can a domain registrar be sued for cybersquatting?
• Can a gripe site or criticism site defeat a cybersquatting claim?
• Can a trademark owner sue a domain name itself under the ACPA?
• Do courts count the ACPA bad-faith factors like a scorecard?
• Does adding a generic word to a trademark defeat a UDRP complaint?
• Does GDPR-redacted WHOIS data prevent filing a UDRP complaint?
• Do trademark owners really win 85% of UDRP cases?
• How can a domain registrant show a legitimate interest under the UDRP?
• How does the ACPA differ structurally from the UDRP?
• How does the burden of proof work on the no-legitimate-interests element?
• How long does a domain registrant have to respond to a UDRP complaint?
• How long does a UDRP proceeding take and what does it cost?
• How should a UDRP complaint allocate argument across the three elements?
• Is a domain name property?
• Is the UDRP confusing-similarity test the same as likelihood of confusion in trademark law?
• Must a complainant's trademark predate the domain registration to win a UDRP case?
• Should a complainant file with WIPO or FORUM?
• What are the nine bad-faith factors under the ACPA?
• What damages are available for cybersquatting under the ACPA?
• What defenses can a domain registrant raise in a UDRP proceeding?
• What does a textbook winning UDRP case look like?
• What evidence should be gathered before filing a UDRP complaint?
• What fact patterns lead to a reverse domain name hijacking finding?
• What four circumstances establish bad faith under UDRP paragraph 4(b)?
• What happens after a UDRP panel orders a domain transferred?
• What is a mutual jurisdiction statement in a UDRP complaint?
• What is reverse domain name hijacking?
• What is the Anticybersquatting Consumer Protection Act?
• What is the Oki Data test for resellers and distributors?
• What is the passive holding doctrine under Telstra?
• What is the UDRP?
• What is the Uniform Rapid Suspension System, and how does it differ from the UDRP?
• What is the WIPO Overview 3.0 and how much weight does it carry?
• What kinds of disputes is the UDRP poorly suited to resolve?
• What must a UDRP complaint contain under Rule 3?
• What other evidence do UDRP panels treat as showing bad faith?
• What pre-filing discipline separates winning UDRP complaints from losing ones?
• What remedies can a UDRP panel award?
• What should a complainant prove to make a prima facie case of no legitimate interest?
• What three elements must a UDRP complainant prove?
• When should a trademark owner choose the UDRP over an ACPA lawsuit?
• Which domain extensions does the UDRP cover?
• Which providers are accredited to administer UDRP proceedings?
• Who serves the UDRP complaint on the domain registrant?
• Why can a domain registered before a trademark existed not be recovered through the UDRP?
• Why does the UDRP require bad faith in both registration and use?
• Why is capturing evidence early critical in a domain dispute?