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Trademark protection in the domain space

Choosing the right protection mechanism can increase the efficiency of the process while reducing the expense.

Trademark Clearing House (TMCH)

Proactive defense against online brand infringement in the domain space

With the rapid expansion of the domain space, there are more than 1500 new Top Level Domains (TLDs) such as .Red, .Rentals, .Beauty and many more. The earlier strategy of buying the relevant and typo domains to protect the brand cannot be extended to apply to so many TLDs.

Considering this challenge, ICANN, the governing body of the internet, decided to provide a mechanism by which brand owners and businesses can protect their brands from rampant abuse by registering their brands with the Trade Mark Clearing House (TMCH) for a set of unique benefits that are only available to the brand holders.

These unique benefits enable the brand owners to stay ahead of the cybercriminals and threat actors by providing advance warnings, notifications and opportunity to register relevant domains before the general public.

LdotR is an authorized agent of TMCH in India and South Asia and is uniquely positioned to consult and help businesses understand the advantages of TMCH and help secure the same for their brands.

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Uniform Domain-Name Dispute-Resolution Policy (UDRP)

UDRP is one the most popular and the most powerful recourse for acquiring a domain that is infringing on one’s trademark or brand name. Established by ICANN, a UDRP action can help a brand owner take ownership of the domain and safeguard their brand against abuse.

UDRP is different than regular litigation, in that it is based on well-defined guidelines and rules laid out by ICANN. 

A successful UDRP claim must demonstrate that:

The domain name

 owner has registered a domain name which is identical or confusingly similar to a trademark or service mark in which the complainant has rights.

The domain name

owner has no rights or legitimate interests in respect of the domain name.

The domain name

The domain name has been registered and is being used in bad faith

A UDRP is filed with an arbitration forum such as WIPO, NAF, ADNDRC. Each forum has its own guidelines and fee structure. Thus, every case needs to be properly analysed and filed to provide the maximum probability of success.

Our team is well versed in the whole process and has helped multiple clients win the UDRP and secure the domain. Our successful track record in UDRPs is a testament of our 

Extensive understanding of the domain space

Deep insights in the UDRP process across each of the arbitration forums

Relationship in the wider domain community

The fee for URS is significantly less than a UDRP at USD375 compared to USD1500 for UDRP, single panellist

URS is intended to be faster with the whole process being finalised in 17 days compared to 2 months for a UDRP

The only remedy in URS is domain suspension. Post the “life” of the domain, it will expire and is available for registration

Difference between URS and UDRP

There are other differences between a URS and a UDRP making it essential that for every domain infringement, both the options are considered carefully, and then appropriate action is taken.

Uniform Rapid Suspension (URS)

The Uniform Rapid Suspension System is a rights protection mechanism that complements the existing UDRP by offering a lower-cost, faster path to relief for rights holders experiencing the most clear-cut cases of infringement.

URS is primarily available for the new gTLD, though some TLDs such as .org have also adopted URS along with UDRP.

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IN Domain Name Dispute Resolution Policy (INDRP)

INDRP is a specialised case of domain names dispute resolution that is intended only those TLDs that are owned by NIXI such as .in, .co.in, .Bharat and others.

A complaint can be filed via the INDRP on the following grounds:

The Registrant's domain name is identical or confusingly like a name, trademark or service mark in which the Complainant has rights

The Registrant has no rights or legitimate interests in respect of the domain name

The Registrant's domain name has been registered or is being used in bad faith

The INDRP is quite like the procedures and policies setup for UDRP, with a few changes to incorporate the legalities of the Indian IT Act 2000.

An INDRP can be a powerful tool to fight infringement of your brand or trademark in the domain space.

We are proud of the work we have done in the INDRP space, helping many clients with research and analysis of the domains in questions. 

Our success in INDRP is due to

Deep analysis of the

Deep analysis of the domain in question, historical records, domains with similar keywords etc.

Collating data from

Collating data from multiple sources about the domain registrant and the pattern of infringement to make a stronger case

Knowledge about

Knowledge about the intricacies of INDRP and pitfalls