First thoughts on the URS

The Uniform Rapid Suspension (URS) system was devised by the ICANN community, including trademark experts, registries and registrars, and those who favour free speech over rights protection, to offer brand owners a quick and inexpensive alternative to the well‑known UDRP for cases of clear-cut infringement in new gTLDs.

It is an out-of-court dispute resolution mechanism for trademark owners who believe that their rights are being infringed by a new gTLD domain name registration. With fees in the range of $300-$500, it is intended to be inexpensive in contrast to the UDRP, which ranges from $1300-$1500. The URS is targeted squarely at “slam-dunk” cases of trademark abuse and is faster and slightly less complex than the UDRP and other DRS models. The initial review by the DRS provider is designed to take two business days and the determination by a neutral panellist appointed by the DRS provider is expected to take less than a month.

ICANN has announced that it has appointed the National Arbitration Forum (NAF) and the Asian Domain Name Dispute Resolution Centre (ADNDRC) as the first URS providers. ICANN, not known for keeping assiduously to its timelines, has said that others will be announced in the next few weeks.

***UPDATE: The NAF has released its Forum’s URS Supplemental Rules to take effect 1 July 2013. Complaint fees will be USD$375 for cases involving up to 15 domain names, increasing in steps to USD$500 for cases involving over 100 domain names. For cases involving 16 or more domain names, respondents will be required to pay from USD$400 to USD$500 in response fees. Fees are however refundable to the prevailing party. The complete NAF fee schedule is set out at the end of this post.***

The remedy for a successful URS complaint is to “suspend” (i.e. render inactive) the domain and associated website until its expiration date. Unlike the UDRP, under the URS there is no transfer of the domain name registration to the trademark owner. However, a prevailing trademark owner can extend the suspension for one year through paying the registration fee. Otherwise, once the suspension ends, anyone can re-register the domain name. Also beware; there are several appeals options for losing registrants, or those who simply choose not to participate initially.

A redline version of the URS, and a set of filing Rules is published on ICANN’s new gTLD website: http://newgtlds.icann.org/en/applicants/urs.

We think the URS as it stands is a missed opportunity. We suggest that, with 10% more thought (and resolve to follow that through to execution) the URS would be 100% more effective. It would be much better if a winning complainant had the option for either a domain transfer or blacklist. We agree with WIPO that cases of registrant default should result in the immediate suspension of the domain. We do not like the fact that a losing registrant can seek a de novo review for up to a year. That is what the courts are for. ICANN has agreed to review the URS after the launch of the new gTLDs, and we hope they take this opportunity to fix the URS seriously.

Contact info@valideus.com or +44 (0) 20 7421 8299 for more information. 

Valideus, Com Laude’s sister company, offers new gTLD consulting services for ICANN’s new gTLD process. It is currently managing 5% of all new gTLD applications for clients from a diverse range of industry sectors, including global leaders in e-commerce, banking, consultancy, food, insurance, media, software and telecoms.