Domain Name Disputes (WIPO / NIXI)

The Uniform Domain Name Dispute Resolution Policy (UDRP) is an administrative proceeding available for disputes involving generic top-level domain names (.com, .net, .org, and most new gTLDs). It is administered by WIPO’s Arbitration and Mediation Center and other approved providers. To succeed, you must prove three elements: the domain name is identical or confusingly similar to your trademark, the registrant has no rights or legitimate interests in the domain, and the domain was registered and is being used in bad faith. The process is paper-based (no hearing unless the panel orders one), and a decision is typically rendered within 60 days of filing. If you win, the domain is transferred to you or cancelled.

The IN Domain Name Dispute Resolution Policy (INDRP) applies to .in and .co.in domain names and is administered by the National Internet Exchange of India (NIXI). The substantive test is similar to the UDRP: you must prove that the domain is identical or confusingly similar to your trademark, the registrant has no legitimate interest, and the domain was registered or used in bad faith. The key difference is jurisdictional. The UDRP applies to generic TLDs (.com, .net, etc.) and the INDRP applies to India-specific TLDs. The INDRP process is also paper-based and typically faster than court proceedings. We handle disputes before both forums.

A UDRP proceeding before WIPO typically takes 45 to 60 days from filing to decision. The filing fee for a single domain name with a single panellist is USD 1,500. For up to five domain names, the fee remains USD 1,500. Three-member panels cost more. INDRP proceedings are generally faster and less expensive. The costs are significantly lower than court litigation for the same relief. The main limitation is that domain name proceedings can only order transfer or cancellation of the domain. They cannot award damages or address broader infringement. If you need damages or injunctive relief beyond the domain itself, court proceedings are necessary.

If someone files a UDRP or INDRP complaint against you, you can lose your domain if you cannot demonstrate that you have rights or legitimate interests in the domain and that you registered it in good faith. Common defences include showing that you are commonly known by the domain name, that you are making a legitimate non-commercial or fair use of it, or that you have trademark rights of your own. If you receive a complaint, respond within the deadline. Failure to respond almost always results in a transfer order. We represent both complainants and respondents in domain name proceedings.