Responding to a UDRP complaint

You have 20 days from formal notification to file a response. If the domain is legitimately yours, respond. Panels decide on the papers, and an unanswered complaint is decided on the complainant's version of events alone.

What happens if you ignore it

The case proceeds by default. The panel still has to be satisfied the complainant proved all three elements, and complaints do fail undefended, but you have given up the only chance you get to explain why the domain is yours.

Default is the normal outcome in genuine cybersquatting cases. It is a poor outcome for anyone with a real business.

What your response has to establish

The complainant has to prove three things. You only have to break one. In practice the second element is where a legitimate registrant wins.

Paragraph 4(c) sets out what counts as a right or legitimate interest:

You used the domain, or made demonstrable preparations to use it, for a genuine offering of goods or services before you had any notice of the dispute
You or your business are commonly known by that name, even without a trademark
You are making legitimate non-commercial or fair use, without commercial gain and without misleading people

Evidence beats assertion. Invoices, a company registration in that name, dated screenshots of a working site, supplier contracts, tax filings, advertising. Panels see a great many registrants who claim a business and cannot show one.

Common situations that are defensible

You trade under the name. The strongest position. Show the trading history and the complaint usually fails, even if the complainant's mark is older.

Your registration predates their rights. If you registered before their trademark existed, bad faith registration cannot be established. Produce the WHOIS creation date.

The word is generic or descriptive. Registering a dictionary word is not bad faith unless you were targeting the complainant's brand specifically. Where the domain is being used in its ordinary sense, the case is weak.

You are a reseller or distributor. Panels apply the criteria from Oki Data Americas, Inc. v. ASD, Inc.D2001-0903 WIPO decision, 2001: you actually sell the goods, the site sells only those goods, it accurately discloses your relationship with the trademark owner, and you are not cornering the domain market. Meet those and you generally keep the domain.

It is a criticism site. Genuine non-commercial criticism is often protected, though panels differ and carrying advertising usually destroys the defence.

Reverse domain name hijacking

If the complaint was brought in bad faith, knowing it could not succeed, ask the panel to make a finding of reverse domain name hijacking. There is no financial penalty, but the finding is published under the complainant's name permanently.

It is worth requesting where a complainant has ignored an obvious timing problem or has tried and failed to buy the domain first.

Deadlines

The 20 days runs from WIPO's formal notification, not from when you noticed the email. Check the date on the notification. A short extension can be requested and panels usually grant one, but do not rely on it.

If you have received a complaint, send it to us with the notification date.