Dispute Resolution
Domain name dispute resolution consultancy and assistance with arbitration proceedings
Domain name disputes continue to be a common problem; the number of cases which WIPO handles per year has topped 2000 every year since 2007.
If your domain name has been illicitly acquired by a third party, we will carry out the procedures for filing an arbitration with WIPO (World Intellectual Property Organization) or other dispute resolution service providers, in accordance with ICANN’s policy – the UDRP (Uniform Domain Name Dispute Resolution Policy). We do this through close communication with local attorneys in the relevant country (usually the country in which the current registrant is located).
If you wish to take dispute resolution procedures for a domain name to which the UDRP does not apply, we will support the filing of procedures with the dispute resolution service provider of the relevant country or, we will assist with the various procedures for filing a court action.
We also provide support services such as sending a cease and desist letter to the website operator who is infringing your trademark, through an attorney in the relevant country.
We provide consulting on the possibility and method of recovering domain names which have been registered by a third party.
In the case of filing arbitration procedures for resolving a domain name dispute, we evaluate the chances of winning the case after reviewing your complaint, the current registrant’s rights to the domain and the extent of infringement.
More specifically, we need to establish the following three elements for filing a dispute resolution procedure:
① The domain name is identical or confusingly similar to your trademark;
② The current registrant has no rights to, or legitimate interests in the domain name; and
③ The domain name has been registered and is being used in bad faith.
We aim to ensure that your complaint is backed up with conclusive evidence based on the conditions above.
If you become aware that a domain name containing your trademark has been inappropriately acquired by a third party or your rights are being infringed by a website, please feel free to consult with us.
Top-level domain names in respect of which we can file arbitration procedures with WIPO as of 23 January 2008. (Exceptions)
gTLD
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| A .AC (Ascension Island) .AE (United Arab Emirates) .AG (Antigua and Barbuda) .AM (Armenia) .AS (American Samoa) .AU (Australia) |
B .BS (Bahamas) .BZ (Belize) |
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| C .CC (Cocos Islands) .CD (Democratic Republic of the Congo) .CH (Switzerland) .CO (Colombie) .CY (Cyprus) |
D .DJ (Djibouti) |
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| E .EC (Ecuador) .ES (Spain) |
F .FJ (Fiji) .FR (France) |
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| G .GT (Guatemala) |
I .IE (Ireland) .IR (Islamic Republic of Iran) |
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| K .KI (Kiribati) |
L .LA (Lao People’s Democratic Republic) .LC (Saint Lucia) .LI (Liechtenstein) |
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| M .MA (Morocco) .MD (Republic of Moldova) .MW (Malawi) .MX (Mexico) |
N .NA (Namibia) .NL (Netherlands) .NR (Nauru) .NU (Niue) |
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| P .PA (Panama) .PH (Philippines) .PK (Pakistan) .PL (Poland) .PN (Pitcairn Island) .PR (Puerto Rico) |
R .RE (Reunion Island) .RO (Romania) |
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| S .SC (Seychelles) .SH (St. Helena) |
T .TK (Tokelau) .TM (Turkmenistan) .TT (Trinidad and Tobago) .TV (Tuvalu) |
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| U .UG (Uganda) |
V .VE (Venezuela) |
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| W .WS (Samoa) |
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Dispute Resolution Service Providers Approved by ICANN
| Name of Dispute Resolution Service Provider | Description |
|---|---|
| WIPO World Intellectual Property Organization |
Location: Geneva, Switzerland WIPO is one of the specialized agencies of the United Nations that was established for the purpose of protecting intellectual property rights. The WIPO Arbitration and Mediation Center was established in 1994 for the purpose of arbitration and mediation. WIPO deals with domain name dispute cases pursuant to the UDRP approved by ICANN on 24 October 1999. |
| NAF The National Arbitration Forum |
Location: Minneapolis, Minnesota, US NAF was established by former judges, litigators, legal professors or other legal experts as an alternative dispute resolution provider in 1986 and handles domain name dispute cases. |
| CPR CPR Institute for Dispute Resolution |
Location: New York, New York, US Established in 1979 |
| ADNDRC Asian Domain Name Dispute Resolution Centre |
Location: Beijing, Hong-Kong The ADNDRC is a joint undertaking by the China International Economic and Trade Arbitration Commission (CIETAC) and the Hong Kong International Arbitration Centre (HKIAC), the purpose of which is to handle the domain name disputes in Asia region. |
Dispute resolution service providers in countries that accepｔ arbitration filings relating to the top-level domains that cannot be dealt with by WIPO
Example:
| Top Level Domain | URL |
|---|---|
| .cn ( China ) |
Domain Name Dispute Resolution Center of China International
Economic and Trade Arbitration Commission’s (CIETAC)
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| .kr ( Korea ) |
Korea Domain Name Dispute Resolution Committee (KDDRC)
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| .jp ( Japan ) |
Japan Intellectual Property Arbitration Center
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| .uk (United Kingdom) |
Nominet UK
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| .it (Italy) |
C.R.D.D.- Centro Risoluzione Dispute Domini S.r.l.
MFSD S.r.l.
Arbitronline srl
Studio Legale Tonucci & Partners
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| .us (United States) |
American Arbitration Association (AAA)
National Arbitration Forum (NAF)
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| .is (Iceland) |
Board of Appeals
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| .za (South Africa) |
South African Institute of Intellectual Property Law (SAIIPL)
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| .si (Republic of Slovenia) |
Academic and Research Network of Slovenia (ARNES)
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※Please contact us if you have questions regarding applicable arbitration procedures or existence of dispute resolution service provider in a specific country.
Dispute Resolution Flowcharts
ADNDRC Dispute Process Flowchart
WIPO Dispute Process Flowchart
Taiwan Dispute Process Flowchart
Support for Negotiation of Domain Name Transfer
We offer assistance with negotiations to acquire a domain name from its current registrant.
If the current registrant has a legitimate interest in the domain name, we make negotiations for the transfer through an amicable settlement at a reasonable fee.
We offer expert and objective advice on the fee based on the cost of the transfer, the value of the domain and the legitimacy of the negotiation.
Actual negotiation will be conducted by a local attorney – our partner in Japan or overseas – based on the information provided by us.
