ICANN’s Uniform Domain Name Dispute Resolution Policy

A Critical Analysis

Abstract

The rapid expansion of the internet has transformed domain names into valuable business identifiers, intensifying conflicts between trademark holders and domain registrants. To address cybersquatting and abusive registrations, the Internet Corporation for Assigned Names and Numbers (ICANN) introduced the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999 as a global, contract-based mechanism for dispute settlement. This paper critically analyses the UDRP through the dual lens of trademark protection and digital freedom. While the policy offers a swift, cost-effective, and uniform process that deters cybersquatting, it has been criticized for its limited procedural safeguards, absence of appeals, and inherent bias towards trademark owners. The ambiguities surrounding “bad faith,” “legitimate interest,” and “confusing similarity” have led to inconsistent panel decisions, raising concerns over predictability and fairness. Moreover, the policy’s weak recognition of free expression and fair use undermines the digital rights of registrants, enabling instances of reverse domain name hijacking. The study argues that while the UDRP is effective in combating cybersquatting, its legitimacy as a global dispute resolution system depends on reconciling the competing interests of trademark protection and digital freedom.