What to do next
Establish your trademark rights first
The UDRP requires rights in a mark. A registration is cleanest; unregistered rights can qualify where you can evidence reputation. Without either, the administrative route is not available and you are left with court or negotiation.
Assess bad faith honestly
Registering to sell to you at a profit, to divert traffic, to disrupt a competitor, or a pattern of similar registrations all indicate bad faith. Someone with a legitimate business under the same word, a genuine nickname, or a criticism site generally does not - and the panel will say so.
Preserve evidence before making contact
Capture the site, WHOIS data, any offer to sell, and any use of your logo or content, with dates. Approaching the holder first sometimes produces an offer to sell that becomes your best evidence of bad faith - but it can also prompt the site to be cleaned up.
What to prepare
Your registrations and evidence of use, the disputed domain and its content history, WHOIS records, correspondence including any price demanded, evidence of confusion, and any pattern of the holder registering other brands' domains.
Possible legal pathways
A negotiated purchase, which is sometimes simply the cheapest answer. Otherwise UDRP for generic top-level domains, CDRP for `.ca` domains, or the equivalent policy for other country codes. Court proceedings remain available and can award damages, which the UDRP cannot - it can only transfer or cancel the domain.
Frequently asked questions
Is the UDRP faster than court?
Considerably - typically a couple of months, decided on documents, at a fraction of litigation cost. The trade-off is that the only remedies are transfer or cancellation.
What if they offer to sell it to me?
An offer to sell for well above registration cost is classic evidence of bad faith. Preserve it in writing. Buying may still be the cheapest outcome, and that is a commercial decision.
They have a legitimate business with the same name.
Then bad faith is unlikely to be established, and coexistence or negotiation is the realistic route. The UDRP is not a mechanism for resolving genuine competing claims to a name.
Can I get damages?
Not through the UDRP - it transfers or cancels the domain only. Damages require court proceedings.
What about `.ca` domains?
Canada operates the CDRP through CIRA, with its own eligibility requirements and a similar structure to the UDRP.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.