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The URS dispute procedure and proxy services

October 17, 2017

The Uniform Rapid Suspension system (URS) has certain advantages over the Uniform Dispute Resolution Policy (UDRP) notably in terms of rapidity and cost. It also however has one main disadvantage in that it only enables the suspension and not the transfer of the disputed domain name.

The URS system also has another important disadvantage over the UDRP. Unlike the UDRP procedure, the URS procedure does not provide for the possibility of amending a complaint, i.e. when the respondent who has been identified in the complaint as a proxy/privacy service is disclosed. Therefore, this procedure is unlikely to unmask cybersquatters hiding behind the proxy service.

During a UDRP procedure, the privacy is often lifted and the identity of the domain name registrant is disclosed. The complainant then has the possibility of amending the complaint to replace the privacy service by the registrant or add the registrant as co-respondent. It is also possible to amend or add in other substantive elements which may have come to light with the disclosure of the registrant, such as bad faith.

However, as the URS procedure is intended for clear cut cases of trademark abuse, unlike the UDRP procedure, it does not provide for any amendment to the complaint once filed. Should the identity of the registrant be disclosed during the procedure, it cannot be added to the complaint. Neither can other elements such as bad faith which may have been revealed simultaneously to the disclosure.

The URS procedure may be quicker and less expensive than the UDRP procedure. However, in cases where disclosing the identity of the respondent is important, the complainant may be better advised to submit a UDRP complaint.

For more information, please contact the IP Twins team at info@iptwins.com

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