Domain Disputes: Experience Is Key
brandsec’s domain name dispute services cover common domain names spaces from .com to .com.au to obscure domain name spaces in Europe, Asia, Africa and America including documentation, end to end communication and dispute management.
With a track record of hundreds of successful domain name disputes, our global team are leaders in domain name disputes and you can rest assured that your interests will be well represented.
Audrp: Policy And Arbitration Experts
When a third party has registered your brand in a .com.au domain names brand owners have the option of disputing the registration and use of the domain name via the the .au Dispute Resolution Procedure (.auDRP). A domain name dispute can be quickly resolved through this procedure and it is much cheaper and simpler than going through the courts.
It is important to ensure that you understand how to structure and write a complaint. Check out our blog The .com.au AU Dispute Resolution Procedure Explained for details of the full process. There are nuances with auDRP complaints that have tripped up many legitimate IP owners in the past and led to unnecessary rejections. We understand the process and tripwires so work with us before lodging a complaint.
Making A Complaint
Before submitting a complaint, you should familiarise yourself with the auDRP policy, in particular schedule A, 4.a which outlines the key elements that you will need to prove to be successful. They are:
(i) the domain name is identical or confusingly similar to a name, trademark or service mark in which you, the Complainant, has rights; and
(ii) the third party (Respondent) has no rights or legitimate interests in respect of the domain name; and
(iii) the domain name has been registered or subsequently used in bad faith.
The key element here is proving bad faith. For example, if you have a registered trademark “Widgets R US” which was registered on 01/01/2000 and a 3rd party registered an identical or confusingly similar domain name widgetsrus.com.au on 25/12/2001 you have the basis to start developing your case.
Although having a trademark registered to support your complaint is important it is not always necessary, particularly for brands that have built strong brand equity within a relevant market.
AUDRP And UDRP: The Difference
WIPO run a similar dispute resolution process called the uDRP, which is what the auDRP is based on.
uDRP is the dispute resolution mechanism for gTLD domain names, that is .com, .net, .org etc. The auDRP is very similar in terms of the principles complaints should follow.
However, domain names such as .com, .net, and .org don’t really have any policy restrictions so are considered open domain names spaces meaning anyone from any country can register them and there are very limited registration requirements. In contrast, .au domain names have restrictions, including requirements that domain names need to be registered either by Australian entities or individuals and international companies with Australian trademarks. Therefore, the auDRP considers local policy restrictions and conditions.
