What’s the difference between UDRP Domain Takeovers and Domain Takedowns?
In the world of domain ownership, the need for disputes and enforcement can occur. But how should they be handled? What’s the difference between Uniform Domain-Name Dispute-Resolution Policy (UDRP) domain takeovers and a domain takedown? Let’s take a closer look at the processes.
What Is a UDRP Domain Takeover?
Established by the Internet Corporation for Assigned Names and Numbers, UDRP is the legal process for solving domain name disputes where trademark owners challenge the registration of a domain name for possible infringement. This applies to top-level domains including .com, .net, and .org, as well as .xyz, .online, .top, etc.
The process for a successful dispute involves three main elements:
- The domain name must be exactly or very similar to a trademark or service mark
- Those who registered have no legitimate interests or rights in the domain name
- The domain name is registered and being used in “bad faith” (a panel will consider serval factors to assess this)
While this procedure is more informal than litigation, decision-makers are experts in international trademark law, domain name issues, e-commerce, etc. As an international establishment, organizations can utilize this process no matter where the dispute or domain name holder is located.
Should an organization lose a UDRP proceeding, in many jurisdictions, they may still bring a lawsuit against the domain name registrant under local law. However, should they win, the domain is transferred from the registrant to the rightful entity.
What Is a Domain Takedown?
Much like UDRP domain takeovers, the objective of domain takedown is to stop use of a domain name. The difference, however, is that a takedown is intended to remove or suspend a domain name by a registrar. The reasons for a domain takedown can be similar to a UDRP domain takeover, the domain name is a copyright infringement, the activity violates terms, or the activity is illegal.
The process for a domain takedown can vary from court orders to working directly with registrars. The outcome, if successful, is the suspension or transfer of the domain name.
Key Differences
While these methods are similar, UDRP domain takeovers usually involve trademark disputes, but takedowns cast a wider net with policy violations, copyright infringements, etc.
The appointed panelists make the UDRP domain takeover decisions while the domain takedown is performed by registrars or other authorities. Another key difference is that, if successful, the UDRP transfers the domain to the organization filing the complaint. This is different from a domain takedown because, if successful, a takedown suspends or removes the domain. While this may seem a subtle difference, it is rather stark. If the domain is being used for malicious purposes, a domain takedown is needed!
Which Procedure Is Right for Your Organization?
There are some common misconceptions about UDRP domain takeovers and domain takedowns. Costs, time, and services covered are a few of the polarizing differences between the two.
In order to know what is right for your organization, you must understand that UDRP domain takeovers have costs that typically exceed many services offering brand protection – including takedown services – and can take nearly 8 weeks if not longer. Weeks with an entity or threat actor using your domain name and likeness can be a very long time. It’s also worth noting that the UDRP process does not solve for the detection of threats, and the onus is on the plaintiff to source these threats and present them in their UDRP claim.
A domain takedown can vary in timespans due to the severity and strength of your case. However, utilizing a third-party, like Fortra’s PhishLabs, can considerably shorten takedown times with an extensive range of takedown services within the industry to ensure the fastest mitigation possible. To minimize the damage, a takedown process is essential. Stop the domain with a takedown or apply browser blocking while your organization moves forward with the legal process to stop the entity from using the domain again.
Can UDRP and Takedown be Used Together?
An organization can utilize both the UDRP and proceed with takedown actions. Another question you may find yourself asking is why would I need both? Remembering a distinct difference between both procedures is that UDRP will not take down the domain. For example, if a domain is being used for malicious purposes such as a phishing domain, keeping the domain live would not make sense. Yes, having it transferred to your organization helps with cyber protection, but it doesn’t stop people from visiting the malicious site. In this case, you would want a domain takedown quickly.
Having the domain removed in a takedown process is usually recommended. Utilizing UDRP for legalities that include stopping others from using your domain names is also recommended.
Conclusion
Therefore, every organization has a different business and situation. But when it comes to entities using your domain name, time is of the essence. Taking the domain down will ensure that the domain cannot continue to harm your business, your customers, and web visitors. Once takedown measures are started, you may also want or have already started UDRP domain takeover actions to ensure your legal rights and protections are enforced.
