--- title: "UDRP and Domain Name Disputes | Pitch, European law firm" description: "How a bad-faith domain name can be recovered under the UDRP and URS, and under the separate procedure for .eu names, under country-code procedures, or through…" url: https://www.pitch.law/academy/udrp-and-domain-name-disputes --- [pitch](https://www.pitch.law/) [Academy](https://www.pitch.law/academy) [Intellectual property](https://www.pitch.law/academy/topics/intellectual-property) # UDRP and Domain Name Disputes How a bad-faith domain name can be recovered under the UDRP and URS, and under the separate procedure for .eu names, under country-code procedures, or through the courts. - By By Bart Lieben, Attorney-at-Law - Published 26 October 2026 ## The legal framework There is no single law for domain names. Disputes are decided under the contract the holder accepted when registering the name, and under the general law of trademarks, unfair competition and tort. Which procedure is available depends on the extension. ### The UDRP The Uniform Domain-Name Dispute-Resolution Policy (UDRP) was adopted by ICANN in 1999 and is part of the registration agreement for generic top-level domains such as .com, .org and .net. Many country-code domains have adopted it too. Proceedings are conducted online before approved providers, of which WIPO and the Forum are the best known. One or three panellists decide on the written file. Under paragraph 4(a) the complainant must show three things: 1. the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; 2. the holder has no rights or legitimate interests in the name; and 3. the name has been registered and is being used in bad faith. Paragraph 4(b) lists examples of bad faith: registering the name mainly to sell it to the trademark owner or a competitor for more than the costs; registering it to prevent the owner from using the mark in a domain name, as part of a pattern; registering it mainly to disrupt a competitor; and using it to attract users for commercial gain by creating confusion with the mark. Paragraph 4(c) lists ways in which a holder can show a legitimate interest, such as use of the name for a genuine offering of goods before the dispute, being commonly known by the name, or legitimate non-commercial or fair use. The remedy is transfer or cancellation of the name. There are no damages. If the holder starts court proceedings within ten business days of the decision, the registrar does not implement it. A panel can also find that a complaint was brought in bad faith to take a domain from its holder, known as reverse domain name hijacking. ### The URS The Uniform Rapid Suspension system applies to the new generic TLDs and to some other extensions that adopted it, and is designed for clear cases. It requires clear and convincing evidence, and the remedy is suspension of the name for the rest of its registration period, not transfer. ### .eu names Regulation (EU) 2019/517 governs .eu. Its alternative dispute resolution procedure is run by the Czech Arbitration Court. The name must be speculative or abusive: it is identical or confusingly similar to a right recognised under national or EU law, and the holder either has no rights or legitimate interests in it, or registered or uses it in bad faith. The remedy is transfer or revocation. Unless the parties agree otherwise, the language is that of the registration agreement. ### Country-code names Each country-code registry sets its own rules; many use the UDRP, others run their own procedure. The rules are part of the registration terms. The complainant must show that the name is identical or confusingly similar to a protected name, such as a trademark, trade name or company name, that the holder has no rights or legitimate interests, and that the registration or use is abusive. The procedure is in writing, a single expert decides, and the outcome is transfer of the name or rejection of the complaint. A claim can often also be brought before a national court under the rules on bad-faith registration. ## In practice A software company holds an EU trade mark for its product name. It finds that the .net version of its name was registered two years after its mark became known, and points to a page that copies its sign-in page. The company's monitoring has recorded how the site changed. A complaint under the UDRP is well suited. The mark is registered, the holder has no connection to the name, and the copied page shows bad faith use. The company can also ask the host to take the site down immediately, without waiting for the decision. For the .eu version, the route would be the Czech Arbitration Court. For a country-code version the registry's own rules apply; check the registry's terms. Another case: a retired teacher registered the .org version for a small hobby forum about desk plants, before the company existed. He has a legitimate interest and did not act in bad faith. A complaint here would fail and could be found to be reverse domain name hijacking. The company should buy the name instead, or leave it. ### Evidence Strong files have the same ingredients: proof of the mark and its date, proof of when the name was registered, captures of how it is used with a reliable timestamp, and a record of attempts to contact the holder, including any offer to sell. Our [enforcement workflow](https://www.pitch.law/technologies/online-takedowns) assembles this into an evidence-mapped complaint, and [our online brand monitoring](https://www.pitch.law/technologies/domain-monitoring-enforcement) provides the record of how the name developed. ## Frequently asked questions ### How long does a UDRP procedure take? Typically about two months from filing to decision. The respondent has 20 days to reply, and the panel then has 14 days to decide once it is appointed. ### Do I need a registered trademark? A registered mark makes the first element easy to prove. Unregistered rights can be enough under the UDRP if you show that the sign has become distinctive through use, but the evidence is heavier. ### Can I get compensation? Not in the UDRP, URS, .eu or country-code procedures, which only decide on the name. Damages require a court action. ### Which should I choose, a procedure or a court? A procedure is quicker and cheaper for a clear case of abuse. A court is better where the facts are disputed, where you also want damages, or where the holder is a competitor with a real claim. ## How this connects These procedures are part of our [domain name disputes](https://www.pitch.law/solutions/domain-name-litigation) service and of [brand monitoring and online enforcement](https://www.pitch.law/solutions/effective-online-brand-protection). The evidence is prepared with [our online brand monitoring](https://www.pitch.law/technologies/domain-monitoring-enforcement) and [takedowns and enforcement notices](https://www.pitch.law/technologies/online-takedowns). ## In short - The three UDRP elements and what proves them - UDRP versus URS - .eu disputes before the Czech Arbitration Court - Country-code procedures and their own rules - When a court is the better route ## Related solutions - [Solutions](https://www.pitch.law/solutions/effective-online-brand-protection) ### [Brand Monitoring & Online Enforcement](https://www.pitch.law/solutions/effective-online-brand-protection) [We find counterfeit listings, impersonation and lookalike domains across marketplaces, social media and the web, and act on them through the right route.](https://www.pitch.law/solutions/effective-online-brand-protection) - [Solutions](https://www.pitch.law/solutions/domain-name-litigation) ### [Domain Name Disputes](https://www.pitch.law/solutions/domain-name-litigation) [We recover or cancel domain names registered in bad faith, through the UDRP, the URS, the .eu procedure, country-code procedures such as .be, or the courts, and defend clients accused of the same.](https://www.pitch.law/solutions/domain-name-litigation) ## Technology we use - [Technology](https://www.pitch.law/technologies/domain-monitoring-enforcement) ### [Online Brand Monitoring](https://www.pitch.law/technologies/domain-monitoring-enforcement) [Continuous discovery of lookalike domain names, counterfeit listings and impersonating accounts, with detections shown in the client portal for attorney review.](https://www.pitch.law/technologies/domain-monitoring-enforcement) - [Technology](https://www.pitch.law/technologies/online-takedowns) ### [Takedowns and Enforcement Notices](https://www.pitch.law/technologies/online-takedowns) [A notice workflow for marketplaces, registrars, hosts and platforms, with a timestamped evidence pack for each action and enforcement documents drafted in four languages.](https://www.pitch.law/technologies/online-takedowns) ## More in Intellectual property - ### [EUIPO Fast Track](https://www.pitch.law/academy/euipo-fast-track-filing) [Fast Track speeds up examination of EU trade mark applications that use pre-approved wording. This article explains what it is, what it does not change and when it makes sense.](https://www.pitch.law/academy/euipo-fast-track-filing) - ### [Finding the IP You Already Have](https://www.pitch.law/academy/hidden-intellectual-property-audit) [Most companies own more intellectual property than they have registered. This article explains which rights arise without registration, how an IP audit finds them, and why ownership matters.](https://www.pitch.law/academy/hidden-intellectual-property-audit) - ### [How to Value an IP Portfolio](https://www.pitch.law/academy/how-to-value-ip-portfolio) [Why and when an IP portfolio is valued, the three standard valuation approaches, and the legal facts that decide whether a right is worth what its owner thinks.](https://www.pitch.law/academy/how-to-value-ip-portfolio) - ### [IP Cost Planning for Multi-Jurisdiction Filings](https://www.pitch.law/academy/ip-cost-planning-budgeting-for-multi-jurisdiction-filings) [What a trademark portfolio costs depends on routes, classes and countries as much as on the number of marks. This article sets out the cost elements and how to plan them over the life of a mark.](https://www.pitch.law/academy/ip-cost-planning-budgeting-for-multi-jurisdiction-filings) - ### [IP Lifecycle Management](https://www.pitch.law/academy/ip-lifecycle-management) [Every intellectual property right has a life: it is created, protected, maintained, used and eventually ends. This article describes those stages, their legal terms and the decisions each one calls for.](https://www.pitch.law/academy/ip-lifecycle-management) - ### [Managing Your IP Deadlines](https://www.pitch.law/academy/managing-your-ip-deadlines) [Which time limits matter in trademark, design and patent matters, which of them can be extended, what happens when one is missed, and how a reliable deadline process is built.](https://www.pitch.law/academy/managing-your-ip-deadlines) ## Let’s talk Tell us what you’re working on. We’ll get the right person on it and reply within one business day. The first chat is free. 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