All about UDPR

Domain Name Disputes and UDRP Policy 

Domain names play a crucial role in representing brands and businesses online. To give you an idea, the first public domain name, Symbolics.com, was registered in 1985. Today, there are more than 628 million registered domain names worldwide. 

This expansion of the internet gave rise to instances of domain name disputes, leading to the formation of the Uniform Domain-Name Dispute-Resolution Policy (UDRP). This post takes a deep dive into the UDRP: its significance and how its role has evolved in the context of Web3 domains. 

What is UDRP Policy?

In simple words, UDRP is a framework to sort out issues related to domain names. This framework offers a step-by-step process for resolving domain name disputes, saving ample time and money spent on court litigation.  

Definition of UDRP

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) was introduced by the Internet Corporation for Assigned Names and Numbers (ICANN) in 1999. The purpose was to provide a legal framework to domain users who may face difficulty registering their domain names. 

The main goal of UDRP is to counter cybersquatting, which involves using someone else’s trademark to register, use, or sell a domain name. The UDRP framework lets trademark owners initiate a legal process to resolve such disputes.

What is ICANN’s Role in Domain Name Disputes?

As mentioned earlier, ICANN introduced UDRP, which all ICANN-authorized registrars have adopted. ICANN oversees domain name registration and ownership. It ensures that the UDRP mechanism is applied uniformly across all authorized registrars.  

The involvement of ICANN ensures:

  • Consistent enforcement of the UDRP framework
  • Preventing misuse
  • Maintaining the integrity of the domain name system

Significance of UDRP

This policy provides a clear path to address grievances associated with domain ownership. Hence, it is crucial for both domain registrants and trademark holders (domain registrars). 

  • UDRP is a clear and fair dispute resolution mechanism that helps domain registrants efficiently resolve disputes without court litigation.
  • This framework offers domain registrars a quick and efficient way to protect their intellectual property rights.

Why Domain Name Disputes Occur

There are multiple reasons for domain name disputes. A disputed domain name may exactly match your domain name or have your name in the middle of their name. Such domain names can mislead the audience, hence disputed domain names. 

Below are some of the most common reasons for domain name disputes:

Trademarks Infringement

You may experience someone infringing your registered trademark, forcing you to exercise your ownership rights to reclaim your domain. One of the best examples of trademark violation is the 3M vs. 3N lawsuit. 

3M filed a lawsuit against Changzhou Huawei Advanced Material Co Ltd for intentionally misusing their name. Although 3N represented different products and pricing, it was too close to misleading 3M’s customers. 

According to the verdict, a name that mimics the name of a world-known company can confuse customers. It may mislead them. So, if a company registers “Nike-shoes.com” without Nike’s permission, it will be treated as a trademark violation. 

This example also emphasizes the importance of the TLD trademark. If you own a Freename TLD, you can trademark it through Freename’s trademark services. Freename offers TLD protection worldwide for up to six months from the time you submit your domain trademark request.    

Cybersquatting

One of the most common reasons for domain name disputes is cybersquatting, which involves registering domain names that are confusingly identical to a well-known trademark. Here, the intention differs from trademark violation; it’s about: 

  • Selling domains at a profit
  • Spreading fake or false information
  • Misleading the audience to buy something, 
  • Spreading adware, spyware, and other malicious data, or  
  • Stealing user’s personal information

In 2020, the Fox News domain owner filed a lawsuit against xofnews.com and FoxNews-entertainment.com for cybersquatting. 

In addition to confusingly identical names, the two domains had similar logos, design themes, and styles. These websites offered false information, luring users into fake transactions. 

Tension Between Trademark Holders and Domain Registrants

It’s clear that when someone buys a domain name tied to a trademark (other than the trademark holder), the trademark holder can raise a dispute. Things were not as clear when domain buying started in the 1990s.  

People started buying domain names without considering whether the names were tied to trademarks, which became a bigger problem. Thankfully, ICANN launched the UDRP framework, paving the way to smooth and sophisticated domain name resolution between trademark holders and domain registrants. 

If the domain registrant is found guilty of the trademark violation, they would have to transfer the domain name rights to the trademark holder.

WIPO’s Role in Domain Disputes

The World Intellectual Property Organization (WIPO) is key to mediating or arbitrating domain name disputes under the UDRP or other policies. Since 2014, WIPO has handled more than 67,000 cases related to 120,000 domain names. These disputes involved registrars and registrants from 185 countries.

The following chart shows year-by-year disputes administered by WIPO:

YearDomain Name Disputes
20142634
20152754
20163036
20173074
20183447
20193693
20204204
20215128
20225764
20236192

Users can find more in-depth statistics on WIPO’s official website.

Determining ‘Bad Faith’ Registration

WIPO follows clear UDRP guidelines in determining whether the domain registration occurred due to bad faith. A ‘bad faith’ registration is established when:

  • The domain registrant intends to sell the domain to the trademark holder at a profit.
  • The purpose of registering a domain is to prevent the trademark owner from registering it.
  • The domain registrant registers a domain tied to a competitor’s trademark in order to disrupt their business.

The Process

The process is as follows:

  • Step 1: Filing a complaint: The trademark owner prepares their application and files a complaint with WIPO. The trademark owner should email [email protected] and send two hard copies to the WIPO Arbitration and Media Center via postal mail or courier service. The complaint must provide evidence of ‘bad faith’ registration. 
  • Step 2:  Complaint review: WIPO AMC will check whether the complaint complies with the UDRP. This process should take 3 days.
  • Step 3: Administrative proceedings: WIPO AMC will notify the respondent about the commencement of administrative proceedings. 
  • Step 4: Filing of response: The respondent will have 20 days from the commencement of the proceedings to file their response. Otherwise, WIPO will notify the respondent one more time.
  • Step 5: Panel formation: WIPO will appoint a single member or three members according to the nature of the complaint. The panel will be impartial and independent. 
  • Step 6: Panel decision: After reviewing the complaint and the response, the panel will submit its decision to the WIPO Center within 14 days.
  • Step 7: Notification of decision: Within 3 days, the WIPO Center will notify the parties, concerned registrars, and ICANN of the panel’s decision.
  • Step 8: Implementation: The registrar will implement the decision, adhering to paragraph 4(k) of the UDRP.   

Note: WIPO operates on a not-for-profit basis and follows a UDRP Schedule of Fees

UDRP Policy and Web3 Domains

Web3 marks the evolution of the internet, making it more secure and decentralized. With it comes new challenges for the UDRP framework. 

The Web3 domains may differ from the traditional domains, but the UDRP principles will still apply. Ensuring complete implementation of UDRP is important for decentralized domains because:

Maintaining Fairness

There is still a risk of trademark infringement. Web3 domain names that match your trademark name and logo can still be acquired by irrelevant web3 users, causing you to pay higher prices or even disrupting your business through impersonation. 

Here, compliance with the UDRP framework will help you maintain fairness and transparency on the decentralized web.

  • You will be able to protect your intellectual property better.
  • You can reclaim your Web3 domain name if you’re the rightful trademark owner.  

Wider Scope

In fact, the scope of UDRP is wider in the Web3 ecosystem because there is a bigger pool of TLDs, such as .crypto, .eth, .gaming, and more. They must adhere to UDRP principles to prevent trademark violations and cybersquatting. 

Compliance

The dynamic growth of the digital world demands strong measures to protect intellectual property. The best way to do this is to stay compliant with UDRP. This framework helps in efficient domain name resolution and maintains trust in the domain name system. 

Although the decentralized web is secure, it still has the potential to be misused. For instance, a Web3 domain like apple.crypto registered without Apple’s authorization would still fall under UDRP scrutiny.

Conclusion

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a vital mechanism that smoothens relationships between TLD trademark owners and domain registrants. It balances each party’s interest, ensuring brand integrity and transparency. 

Considering ICANN’s crucial role in managing domain name registration, its suggested policy, UDRP, will positively impact the Web3 ecosystem. Just like Freename, the first Web3-ICANN accredited registrar, we might see more registrars join the league to bridge the gap between the Web2 and Web3 spaces.

This will boost users’ confidence in the decentralized space, helping them expand their trademarked businesses worldwide. By upholding the principles of UDRP, we can ensure a fair and ethical domain name system for all.If you’re considering joining the Web3 ecosystem, Freename provides an excellent opportunity to buy your first Web3 domain. You can also become a TLD owner to open passive income streams for yourself.

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How does it work?

Accordingly to the day when you will finalise your purchase, you have the right to receive from 1 to 3 NFT Domains for FREE!

Once you have completed your order, within 48h you will automatically receive on www.freename.io platform, in your personal area “portfolio” the randomly assigned NFT Domain/s.

You can chose on which blockchain you want to mint on and minting fee is covered by Freename!

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Once you have added your favorite items to the cart, you proceed to “checkout” and add your coupon to the “coupon box”.

Said coupon will instantly do its magic and your due total will drop!

COUPON CODE CAN ONLY BE USED ONCE!
ENJOY YOUR SHOPPING AND GIFTS!

How does it work?

Once you have completed your order, you will automatically receive on www.freename.io platform, in your personal area “portfolio” the randomly assigned NFT Domain value $50 or if you’re lucky a randomly assigned TLD with value $699 (between these: .immersive; .multiverse; .freelancer; .cashback; .hologram)

you can chose on which blockchain you want to mint your NFT Domain/TLD on and minting fee is covered by Freename!

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Why do i Need a Wallet?

Freename domains are blockchain-based assets and would be minted and stored using a wallet. Users are required to mint and manage their domains using a Metamask or Coinbase-configured wallet. It must be a non-custodial wallet, meaning that one must own the private keys to the wallet in order to approve transactions via a signature.

To benefit from Freename Web 3 domains/TLDs, you must have a wallet. This is because Web 3 domains/TLDs are blockchain-based assets. Users can mint and manage their domains using Metamask or Coinbase-configured wallets.

Keep in mind that it must be a non-custodial wallet. You own the private keys to the wallet (in order to approve transactions via a signature).

Are the Domains Associated with ICANN?

ICANN does not manage freename.io domains. Freename.io believes their TLDs/domains must allow customers to operate independently. Freename.io wants to build a utility infrastructure, allowing customers to use their services for valuable and generative purposes. By leveraging blockchain technology, Freename Web 3 domains/TLDs have no centralized authority imposing rules and regulations.

What is a Wallet?

Every blockchain user requires a wallet in order to interact with the network. A wallet is essentially an account on the blockchain where transactions can be sent and received. It is also where one can store blockchain assets such as cryptocurrency or NFTs (non-fungible tokens). There is no personal information associated with a wallet and none is required to create one. A wallet consists of a public key and a private key. The public key can be safely shared with anyone who wishes to send assets to the corresponding wallet, however, the private key should not be shared and is the key to accessing the wallet in the event where access is lost or to create another instance.

A crypto wallet (cryptocurrency wallet) is software or hardware that enables users to store and use cryptocurrency. With cryptocurrencies, there isn’t any actual money to carry around in a wallet. They exist on the blockchain. Similarly to traditional bank transfers, crypto wallets enable users to send and receive cryptocurrencies, NFTs, etc.

A wallet consists of a public key and a private key. To receive assets, you share your public key associated with your wallet. You should NEVER share your private key.

How do i Claim my Earnings from Freename

ou can withdraw revenues generated passively through a cryptocurrency transfer. Connect your cryptocurrency wallet and, once your withdrawal request is confirmed, the desired amount is pulled from Freename’s reserves and conveniently delivered to you!

Claim your earnings by following these steps:

  1. Connect your cryptocurrency wallet to Freename.io
  2. Request a withdrawal
  3. Receive request confirmation
  4. Receive withdrawal directly to your wallet.

Can i Transfer Domains?

Yes. The domain is stored in your cryptocurrency wallet and can be transferred by you after you have minted it. Access your portfolio, select the TLD or Domain you wish to transfer and type the recipient’s address. Afterwards, you must paste the OTP code you received by mail to confirm the transaction. Keep in mind that currently, it is not possible to import the domain that has been transferred, but it will be possible soon!

Yes. Domains are transferable ONLY after a TLD/domain has been minted and stored in a user’s wallet.

To transfer the TLD (or domain), the user must:

  • Access their wallet
  • Select the item they want to transfer
  • Enter the recipient’s address.
  • Confirm the transaction by pasting the OTP received by email

In the future, Freename.io will support importing domains that have been transferred.

What about Trademarks?

Registering a trademark on your Freename Web3 TLD will allow you to protect your web3 TLD and your logo worldwide juridically.

From the moment you deposit a trademark request, your web3 TLD will be protected worldwide for 6 months awaiting for the Swiss Federal Institute of Intellectual Property (IGE.ch) to confirm and register the availability of your TLD.****

A trademark is any symbol, phrase, or word that allows customers to identify a company’s goods or services. Freename is a web3 domain/TLD provider that also provides trademark registration.

A user must reach out to the trademark department to register a trademark. To get your trademark filed for review at the Swiss Federal Institute of Intellectual Property, a user must provide the following:

  1. Complete a Know your customer (KYC)
  2. A list of TLDs they wish to trademark
  3. Proof of payment

Once these conditions are met, it takes one week for the trademark to be reviewed and logo/TLDs to be provided with six months of worldwide protection.

Is Minting the same as Buying?

Purchasing a TLD (or domain) on Freename and minting it on the blockchain are two distinct steps. When you purchase a TLD (or domain), the transaction is recorded in Freename’s database and not on the blockchain. Minting a TLD (or domain) on the blockchain requires a second step: log into the user’s personal area, select the TLD (or domain) and press “mint TLD” (or domain): done! Don’t worry, once you have purchased a Freename domain, no one can take it away from you!

No. Buying and Minting a TLD/domain are two different things.**

Buying **is the process of recording a transaction on Freename’s database and not on the blockchain.

Minting is the process of pushing a user’s domain from Freename.io data onto the public ledger of a blockchain and into a user’s wallet. Giving the user full control over the TLD/domain.

It is very easy to mint a domain/TLD once you purchase it. Simply:

  • Log into your personal area
  • Select the TLD (or domain)
  • Press “mint TLD” (or domain)

What is Domain Minting?

Minting is the process of publishing a Freename domain (or TLD) on the blockchain via your wallet to gain full custody of the domain. This means that the only person that has control over the domain (or TLD) is the person who controls (has access to) the wallet.

Minting is the process of pushing a user’s domain from Freename.io data onto the public ledger of a blockchain and into a user’s wallet. Giving the user full ownership over the domain.

Minting on Freename.io is as simple as the following steps:

  1. Go to the Freename.io website
  2. Enter the TLD/domain you want to buy in the search bar
  3. Add the TLD/domain to your cart
  4. Go to checkout
  5. Create a Freename.io account
  6. Purchase the TLD/domain with cryptocurrency or a credit card
  7. Go to “portfolio and incomes.”
  8. Click on mint TLD/domain

Which domains are Protected?

Protected domains and TLDs are domains and TLDs that we’ve detected are associated with a brand, organization, or notable person. We believe it is important to increase adoption for the next generation of the internet by helping to onboard brands into the Web3 era. If you are interested in applying for a Protected domain, please contact us.

TLDs/Domains associated with a notable person, brand or organization are considered Protected Domains. Protected domains help onboard brands in Web 3 increasing adoption. Protected domains also protect users from others impersonating/stealing their domains.

Reach out to Freename.io to apply for a protected domain.

Why use Freename?

Freename domains are unique by their very nature: only with Freename you can register domains with unique TLDs for your digital identity while passively earning money!

Freename.io is not only the leading TLD and Domains platform in Web 3, but also lets users generate passive income!

Owning a Freename Web 3 TLD entitles users to receive passive income whenever a domain is bought on their TLD. Users can register and mint TLD/domains of their choice if available.

What is a Domain?

A domain name is a string of letters and/or numbers that points to the IP address of the corresponding website. Generally, it is easier to remember a name than a long string of numbers.

A domain name is an address that people type into a browser bar to find a website. It consists of a Top-Level Domain (TLD), everything that comes after the dot, and the Second-Level Domain (SLD), everything that comes before the dot.

For example, “Freename.io” is the domain name, “Freename” is the SLD and “io” is the TLD.

Which Chains are Supported?

Freename has a multi-chain approach. You can choose on which Blockchain to mint your Web3 Domains and TLDs ranging Among Polygon, Cronos, and Binance.

A user can mint a Freename.io domain/TLD on the following blockchains:

  • Polygon
  • Cronos
  • Binance

Freename plans to expand its multi-chain approach by adding blockchains upon which domains can be minted.

Are there Renewal Fees?

No! Once you’ve bought a Freename Domain or TLD, it’s yours forever, no renewal fees ever!

No. There are no renewal fees on Freename.io. Once a user has paid a one-time payment for a domain/TLD, they own it. Forever.

This is the significant advantage of Web 3 domain/TLD over traditional alternatives.

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