UDRP (Uniform Domain-Name Dispute Resolution Policy) is an international arbitration mechanism accepted by ICANN for the transfer/cancellation of domain names acquired in bad faith in gTLDs such as .com, .net, .org to the brand owner.
UDRP's Three Cumulative Criteria
For the complainant to be successful, three criteria must be proven together:
1. Identical or Confusingly Similar
The defendant domain is the same or confusingly similar to the complainant's registered trademark. generic top-level domain suffixes (.com, .net) are generally ignored; The comparison is the "second level".
2. Defendant's Lack of Legitimate Rights or Interests
On the defendant's domain:
- If there is no registered trademark right
- If it is not its known trade name/nickname
- If there is no bona fide (commercial or non-commercial) use
3. Bad Faith
Situations of bad faith exemplified in UDRP art.4(b):
- Acquiring the trademark for the purpose of selling it to its owner
- Preventing the brand owner from purchasing a domain suitable for his brand
- Do not harm your opponent's business
- Generating business profits by creating confusion
Arbitration Centers
- WIPO (World Intellectual Property Organization) — Most common
- National Arbitration Forum (NAF/Forum)
- Czech Arbitration Court
- Asian Domain Name Dispute Resolution Center (ADNDRC)
Process Stages
Objection to Decision
The UDRP decision is binding on the parties, but if a lawsuit is filed in the national court within 10 business days, the execution of the decision is postponed. In Türkiye, this case is filed in the Intellectual and Industrial Property Rights Civil Court.
Precedent WIPO Decisions for Turkish Brands
WIPO panels considered the acquisition of Turkish brands (Garanti, Beko, Arçelik, Türk Telekom, etc.) similar to generic domains as typosquatting and bad faith acquisition and decided to transfer the domains to the brand owner.
.tr Domains
Türkiye TLD .tr domain disputes are not within the scope of UDRP. For these, "Dispute Resolution Mechanism" is applied through BTK and TRABIS. ITOTAM (Istanbul Arbitration Center) and other approved arbitration centers operate.
Things to Do Before Buying a Domain
- Pre-check via WIPO Global Brand Database
- TÜRKPATENT brand database query
- USPTO / EUIPO international screening
- WHOIS query of who registered the same/similar domain names
Domain disputes require technical and legal expertise; Preparing your application with a trademark and internet law lawyer is critical for an effective result.