UDRP Goes Paperless: Are you Ready?

The Uniform Domain Name Dispute Resolution Policy is undergoing some “greener” changes this year. Beginning March 1, 2010, all case documents are required to be submitted electronically as articulated in ICANN’s new UDRP Rules (effective March 1, 2010). The National Arbitration Forum (FORUM) has prepared new Supplemental Rules also effective for all parties for cases filed on or after March 1, 2010. When it released its updated Rules, ICANN also notified the Providers that they would be permitted to allow parties to opt-in to a paperless system prior to March 1, and the FORUM has done so as of December 29, 2009. To date the FORUM has accepted dozens of filings under its entirely electronic process.

The Forum website has been updated with our new Supplemental Rules and a form the parties can use to elect to participate in the electronic-only process. Complainants using the new process should use the Complaint Transmittal Cover Letter-Paperless Process in sending a copy of the Complaint to Respondent.

On March 1, 2010, the opt-in form will no longer be needed and the Complaint Transmittal Cover Letter available online will be updated to only the paperless version. Later in February, the FORUM will launch an updated version of its online filing platform, streamlining the online filing process and making it easier for parties to pay filing fees using a credit card.

Also, as a result of online filing, the Forum will focus on increased compliance with UDRP Rule 19, which prohibits us from taking any action on a case until payment is received. As we no longer have to wait for hard copies, and are making online payment more convenient and secure, we will not be proceeding with electronically filed cases until payment is received.

If switching to a paperless process is a little confusing for you, here are a few tips and reminders to make things easier:

1. You may continue to use all the old forms you’ve always used.
   
2. Review our new Annex to the Supplemental Rules to familiarize yourself with the limitations we have set on the types and sizes of electronic files.
   
3. Take advantage of our online filing process if you want to pay securely via credit card (available now, with additional updates coming soon!).
   
4. You don’t need to send anything via mail.

If you’ve had a chance to use our electronic process and would like to offer some feedback on your experience, please send an email to eUDRPcomments@adrforum.com. We will also welcome comments on the changes to our Supplemental Rules at this email address. Please note that we may or may not be able to incorporate suggestions into the March 1, 2010 or future versions of our Supplemental Rules.

If you continue to have questions about paperless UDRP filings, please contact us at domaindispute@adrforum.com and we will help answer your questions.

			“The UDRP is an administrative alternative dispute resolution policy which creates a procedure specifically designed to provide a fast and cheap means for resolving domain name disputes. (internal citations omitted). On average, it takes no more than two months to resolve a domain name dispute under the UDRP.” –American Girl, LLC v. Nameview, Inc., 381 F.Supp.2d 876 (E.D. Wis. 2005)

ICANN Rollout of new gTLDs

One of the biggest topics of discussion surrounding domain names lately has been whether, when, and how ICANN will be rolling out what could potentially be hundreds of new top-level domains. While the answers to these questions, and others, aren't settled, our filers might still be wondering how these changes might impact them. Of course, the FORUM will be available for UDRP disputes that might arise from some less-regulated new TLDs. But for filers who might be interested in learning more about how to acquire their own top-level domains in the new process, the FORUM is pleased to recommend a company committed to helping brands and communities navigate the new gTLD process.



Minds+Machines is staffed by domain name industry experts who can answer your questions and help determine if owning your own top-level domain name is right for you. And if you determine that you want to submit an application for a new gTLD, Minds+Machines has the know-how and connections to make that process seamless and can work with new Registries and the FORUM to customize sunrise-type programs specific to their needs.

For more information about dispute resolution solutions for new gTLDs, please contact Kristine Dorrain at kdorrain@adrforum.com.