Domain name dispute resolution beyond the UDRP: What are the other procedures?

By Marc-Emmanuel Mellet,
Domain name dispute, image of alternatives

To find out more about the Uniform Domain Name Dispute Resolution Policy and how to file a UDRP dispute, watch our on-demand webinar on domain name portfolio management and dispute resolution.

From the URS to the UKDRS, there are several protocols for resolving domain name disputes, depending on the top-level domain in question. Marc-Emmanuel Mellet introduces the different procedures and explains when they apply.  

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a well-known protocol for resolving domain name disputes (read our guide to the UDRP), but there are several alternative procedures that have been adapted to local extensions (ccTLDs) or specific contexts.  

These alternative mechanisms offer quick and cost-effective solutions for trademark holders facing abusive or fraudulent domain name registrations. These include WIPO procedures for country-code top-level domains (ccTLDs), the Uniform Rapid Suspension (URS) for new generic top-level domains (gTLDs), as well as local procedures such as the UK DRS in the United Kingdom, Syreli in France, and regional alternatives in Europe (.EU ADR), Canada (.CA), India (.IN), Hong Kong (.HK), and China (.CN). Each system has specific features tailored to its local market, while sharing certain principles with the UDRP:

WIPO ccTLD dispute resolution

Some countries have adopted specific procedures administered by the World Intellectual Property Organization (WIPO), based on the UDRP but adapted to local extensions (ccTLDs). For example: 

  • .MX (Mexico) 
  • .CO (Colombia) 
  • .TV (Tuvalu, often used for video and streaming) 
  • .ME (Montenegro, often used as a personal brand name) 
Uniform Rapid Suspension: An expedited procedure for obvious disputes

The Uniform Rapid Suspension (URS) procedure was introduced by ICANN in 2013 to complement the UDRP. It is designed for clear cases of cybersquatting on new generic domain extensions (new gTLDs). 

What are the differences with the UDRP? 

  • Faster procedure: decision rendered within a few days (generally 14 days). 
  • Higher evidentiary threshold: the complainant must clearly and indisputably demonstrate that the domain name was registered and used in bad faith. 
  • Limited penalty: Unlike the UDRP, the URS does not allow the domain name to be transferred to the complainant, only its suspension until its expiration. 

The Uniform Rapid Suspension procedure is a useful alternative for trademark holders wishing to quickly block a fraudulent domain name, therefore, without initiating a more cumbersome procedure like the UDRP. 

The UK Dispute Resolution Service (DRS)
  • What is the DRS? 

The UK dispute resolution service (DRS) is an alternative to the UDRP that has been adapted to the specificities of the UK domain name market. It allows trademark holders or individuals affected by the registration of a .UK domain name to initiate a quick and cost-effective procedure to recover the domain or have it deleted. 

Unlike the UDRP, this procedure offers a free mediation phase, which often allows for the resolution of the dispute without resorting to formal arbitration. 

  • What are the requirements for filing a complaint? 

For a complainant to succeed, they must prove two essential elements: 

  • The domain name is identical or similar to a right they hold (e.g., a registered trademark, a domain name, etc.). 
  • The registration or use of the domain name is abusive, meaning it was acquired for the purpose of unlawfully exploiting the complainant's reputation. 

Note that the absence of a legitimate interest is not a mandatory requirement, unlike the UDRP. 

  • How does the DRS procedure work? 

a) Mediation phase (free): Once the complaint is filed, the centre contacts the domain name holder. Free mediation is offered to attempt to reach an amicable settlement. This phase lasts approximately 10 business days and can resolve many disputes without the involvement of an expert. 

b) Arbitration phase (fee-based): If mediation fails, the complainant can request a review by an independent expert, on payment of a fee. The expert analyses the case and issues a decision within 30 days. The decision may result in a transfer or deletion of the domain name. 

c) Possibility of appeal: If either party is not satisfied with the decision, they can request a review by a panel of three experts, for a higher fee. 

Syreli: Dispute resolution for .FR domain names

The Syreli procedure is a dispute resolution mechanism for domain names under the .FR extension (and certain other French territorial extensions). It was established in 2011 by the French Association for Cooperative Internet Naming (Afnic), the organisation that manages domain names in France. 

Syreli applies to domain names under the following extensions: 

  •  .FR(France) 
  •  .RE (Reunion Island) 
  • .PM (Saint-Pierre and Miquelon) 
  • .TF (French Southern and Antarctic Territories) 
  • .WF (Wallis and Futuna) 
  • .YT (Mayotte) 

Recourse to Syreli is open to any person or company who believes that a domain name has been registered abusively. 

  • What are the requirements for filing a complaint? 

The rights holder must demonstrate the following criteria: 

  • Infringement of the rights claimed by the complainant (e.g., trademark, trade name, corporate name, company name, surname, etc.). 
  • Lack of legitimate interest or bad faith on the part of the domain name holder. 

Difference with the UDRP: 

Unlike the UDRP, the Syreli procedure does not require proof of the domain name holder's bad faith. Demonstrating the absence of a legitimate interest may suffice to obtain the deletion or transfer of the domain name. 

  • How does the Syreli procedure work?  

a) Filing the complaint: The complaint is filed via the Afnic website. The complainant must pay a processing fee. The complaint is forwarded to the domain name holder, who has 21 days to respond. 

b) Review by Afnic: An internal Afnic committee analyses the request. It renders its decision within a maximum of two months after receiving the complaint. 

c) Possible decision: Transfer of the domain name to the complainant, deletion of the domain name, or rejection of the complaint if the conditions are not met. 

d) Possible appeal: The dissatisfied defendant or complainant may refer the matter to a competent court. 

  • What are the advantages and limitations of the Syreli procedure? 

Advantages: 

  • Fast procedure (decision within 2 months). 
  • Less expensive than the UDRP. 
  • No need to prove bad faith for the registration and use of the domain name (unlike the UDRP). 

Limitations: 

  • No domestic appeal; only a court can challenge a decision. 
  • Limited to domain names managed by Afnic (no gTLDs like .com, .net, etc.). 
The PARL EXPERT procedure, another procedure for .FR domain names

Jointly administered by Afnic and WIPO, the PARL EXPERT procedure is another procedure for .FR domain names and applies exclusively to .fr domain names. 

  • How does the procedure work? 

a) Filing the complaint: The complainant must file a complaint with WIPO using a specific form. They must provide evidence demonstrating that the disputed domain name violates their rights. 

b) Appointment of an expert: Unlike Syreli, where the decision is made internally by Afnic, PARL EXPERT involves an independent expert appointed by WIPO. This expert is responsible for analysing the dispute and rendering an impartial decision. 

c) Case analysis and decision: The expert examines the evidence provided by the applicant and the domain name holder before rendering a decision, which may result in: 

  • Deletion of the domain name. 
  • Transfer of the domain name to the applicant. 
  • Dismissal of the complaint if the criteria are not met. 

The procedure lasts an average of 60 days and is more expensive than Syreli due to the involvement of an independent expert.    

  • Can you appeal against the decision? 

Decisions rendered under PARL EXPERT are not subject to internal appeal. However, the parties may appeal to the courts if they wish to challenge the decision. 


Regional alternatives

Europe: The .EU ADR

The Alternative Dispute Resolution (ADR) policy for .EU domain names is administered by the Arbitration and Mediation Centre in Prague (CAC). It allows trademark holders, businesses and individuals to challenge domain names registered under the .EU extension quickly and cost-effectively.  

What are the key features? 

  •  Based on principles similar to the UDRP: eligibility criteria include abusive registration and bad faith use. 
  • Multiple languages: A complaint can be filed in several official languages of the European Union, facilitating access for non-English-speaking complainants. 
  • Variable costs: Procedural fees depend on the number of domain names contested and the number of experts appointed (one or three).  
  • Fast decisions: Typically, a decision is issued within 60 days. 
  • Immediate implementation: If the defendant does not challenge the decision in court within the specified time limit, the domain name transfer or deletion is implemented immediately. 
  • Review by specialised experts: The decision is rendered by a panel of experts in IP and domain name law. 
Canada: .CA ADR

Administered by the Canadian Internet Registration Authority (CIRA), this ADR applies to .CA domain names. 

What are the key features? 

  • The complainant must prove bad faith registration and the defendant's lack of legitimate interest. 
  • The complainant must also demonstrate that the defendant has no legitimate interest and that the domain is causing harm. 
  • Decision rendered in approximately 60 days. 
  • Possible sanction: transfer or deletion of the domain. 
  • Reserved for Canadians or companies with ties to Canada. 
India: .IN DRP

This Dispute Resolution Policy (DRP) applies to .IN domain names and is administered by the National Internet Exchange of India (NIXI). 

What are the key features? 

  • Very similar to the UDRP: bad faith registration and lack of legitimate rights must be proven. 
  • The panel can order the transfer or deletion of the domain. 
  • No internal appeal is provided; the respondent must go to court if they contest the decision. 
Hong Kong: .HK DNDRP

This Domain Name Dispute Resolution Policy (DNDRP) applies to .HK domain names and is administered by the Hong Kong International Arbitration Centre (HKIAC). 

What are the key features? 

  • Based on the UDRP, but with shorter deadlines. 
  • Allows for the transfer or deletion of the domain name. 
  • Bad faith is essential to win a case. 
China: .CN CNDRP

The China Internet Network Information Center (CNNIC) administers the China Domain Name Dispute Resolution Policy (CNDRP), which applies to .CN domain names. 

What are the key features? 

  • Accounts for trademarks registered in China. 
  • Short deadlines, generally less than 60 days. 

Which domain name dispute mechanism should you use?

Alternatives to the UDRP offer a variety of solutions tailored to local circumstances and the needs of trademark holders facing domain name disputes. Whether they are fast-track procedures, such as the Uniform Rapid Suspension (URS) procedure for new gTLDs, local solutions such as the .UK DRS or Syreli, or regional mechanisms like the .EU ADR, each system offers advantages in terms of speed, cost and flexibility.  

In a constantly evolving digital environment, these mechanisms are essential tools for protecting trademark rights while promoting the legitimate use of domain names worldwide. The choice of procedure will depend on the extension concerned, the applicable jurisdiction and the desired strategy (rapid suspension, domain transfer or simple deletion). 

For additional insights on domain name dispute resolution mechanisms, watch our recent webinar on domain name portfolio management and dispute resolution, read our guide to the UDRP, or contact us below.  

Marc-Emmanuel Mellet is a Trademark Attorney specialising in assisting brand owners with domain names and online infringement activities. 

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