What Is WIPO Overview 3.1? Domain Glossary

Why it matters

The Overview groups common UDRP questions by element and procedure, with links to sample decisions. It helps owners and brand holders predict how a panel may rule. It covers topics such as passive holding, the treatment of top-level domains and settlement talks. Panels are not forced to follow it. A common mistake is treating it as law. It is a summary of views, and each case turns on its own facts. Domain owners should read the sections on generic words and resale intent before buying or pricing a name that could meet a brand claim.

Source: wipo.int

Where we use this term

Domain Names and Trademarks: UDRP, Cybersquatting, and How to Buy Safely

Related terms

UDRP: The Uniform Domain-Name Dispute-Resolution Policy, ICANN's rules for resolving trademark-based complaints about domains. A complainant must show three elements, and the usual remedy is transfer or cancellation.
Passive holding doctrine: A UDRP idea that holding a domain without using it can still count as bad faith when other facts point to abuse, such as a famous mark and no plausible good-faith use.
WIPO Arbitration and Mediation Center: The WIPO Arbitration and Mediation Center is the unit of the World Intellectual Property Organization that handles domain name disputes under the UDRP. It is a leading UDRP provider worldwide.
Bad faith: The legal standard under the UDRP for abusive domain behavior. A complainant must show a domain was both registered and used in bad faith, such as targeting a trademark to profit or to harm.
Rights or legitimate interests: Rights or legitimate interests is the second element of a UDRP complaint. It asks whether the domain owner has a real, good-faith reason to hold the name, such as a business, a nickname, or fair use.

All 205 terms

Why it matters

Where we use this term

Buying or selling a domain?