ICANN – Sweeny Legal

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The ICANN policy is to maintain authority over cybersquatting. The Uniform Domain Name Dispute Resolution Policy, UDRP, has been adopted by the Internet Corporation for Assigned names and Numbers. This policy covers all gTLD domain name registries and is aimed at the cases of cybersquatting which cover bad faith registration and use of domain names identical or similar to trade marks of third parties. A complainant must establish three elements to seek relief under the UDRP:[1]

  • The domain name registered by the domain name registrant is identical or confusingly similar to a trade mark in which the complainant has rights;
  • The domain name registrant has nor rights or legitimate interest in respect of the domain name in question;
  • The domain name has been registered and is being used in bad faith.


[1] Motsnyi, Igor “Protection of celebrities names and trade marks under the ICANN Uniform Domain Name Dispute Resolution Policy” (2003) 10(4) Murdoch University Electronic Journal of Law,p. 2

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Phone: 02 4228 1864

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Filed under Domain Names Law, Intellectual Property Law, Trade Marks Law

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