Nobody Puts the URS in a Corner

The URS (Uniform Rapid Suspension (System)) procedure is a new alternative dispute resolution procedure for domain names that has been established by ICANN in conjunction with the launch of new domain name extensions.

The URS (Uniform Rapid Suspension (System)) procedure is a new alternative dispute resolution procedure for domain names that has been established by ICANN in conjunction with the launch of new domain name extensions.

The URS procedure allows trademark owners to take action against domain names reserved by third parties that are identical or similar to their own trademark. Faster and less expensive than a UDRP, it nevertheless adheres to the same conditions, leading to some calling it “UDRP’s little sister”. As a reminder, the conditions are as follows:

  • The domain name must be identical or similar to the earlier trademark,
  • The holder of the domain name must not have any right or legitimate interest in the name,
  • The domain name must have been reserved and used in bad faith.

It is faster than a UDRP, with decision being rendered within approximately 20 days and is also less expensive, with an anticipated cost of 300 to 500 USD.

However, the URS claim is limited in terms of length (a 500 word limit instead of 2500 for the UDRP) and the trademark owner must be able to demonstrate the use of his trademark (except if it is registered in the Trademark ClearingHouse (see our article on the TMCH).

In addition, the URS does not allow for the transfer or cancellation of the contested domain name, only its suspension for a one year period. This blocking can, nevertheless, be extended for one year from the expiry date if the trademark owner requests it.

Furthermore, the decision can be appealed, contrary to the decisions rendered for UDRP, before the same arbitration center but with a new expert.

Finally, it should be noted that in case of no response from the domain name owner as part of the procedure, this latter has the possibility to restart the URS procedure and file a response within 6 months from the decision ordering the domain name to be blocked.

Although it has some drawbacks, the URS is a viable alternative to the UDRP that must not be ignored.

Indeed, in some cases, it may be of interest to initiate a URS rather that a UDRP. We are available to study with you the cases of cybersquatting that you have detected and together decide which procedure to initiate to contest this infringement of your trademark rights.

Published by

Nicolas Demilly

Senior Associate