Overseas copyright and domain name registration are being hijacked. Lawyer Jia Runlian discusses the three elements and ruling cycle of UDRP complaints, domain name dispute resolution, and how to choose between court litigation

Domain name registration does not necessarily require going to court. If the domain name being complained about is the same or confusingly similar to your trademark, and the other party has no legitimate rights and interests, and is maliciously registered and used, filing a UDRP (Uniform Domain Name Dispute Resolution Policy) complaint is often faster than litigation: it usually takes about 60 days from submission to arbitration, and the cost is much lower. But UDRP can only retrieve domain names and cannot award losses; If you want damages or an injunction, you have to go back to court. The key to choosing which path to take depends on whether you want the domain name itself or money and long-term deterrence. Lawyer Jia Runlian (Guangdong Zhiming Law Firm)Shenzhen foreign-related intellectual property lawyerIn overseas copyright and domain name cases, it is repeatedly reminded to first lock in the trademark rights foundation, then evaluate the malicious evidence chain, and finally decide on the procedure.

The three elements of UDRP complaints, any one of which is missing, may be rejected

The rules of UDRP are written in Article 4 (a) of ICANN's Uniform Domain Name Dispute Resolution Policy, which requires the complainant to simultaneously prove three points: firstly, the disputed domain name is identical or confusingly similar to the trademark to which the complainant has rights; Secondly, the respondent does not have any rights or legitimate interests in the domain name; Thirdly, domain names are maliciously registered and used. These three are in a parallel relationship, not a one out of three choice. In practice, many parties think that "the domain name is the same as my trademark and wins" for the first time, but they are rejected on the second and third elements. Especially the element of "malice" needs to be comprehensively judged based on factors such as registration time, usage method, whether a high price has been demanded, and whether a website has been built as a free rider. It cannot be deduced solely based on the trademark registration certificate.

Regarding the basis of trademark rights, if only Chinese trademarks have not obtained rights in the target market, the expert group may sometimes consider the scope of protection limited. So when doing overseas copyright registration and trademark layout, the need for evidence collection in domain name disputes should be considered together. When handling such cases, Guangdong Zhiming Law Firm generally recommends clients to first organize the trademark registration certificate, usage evidence, screenshots of the other party's website, Whois records, and correspondence emails according to a timeline, and then determine whether the three elements are valid.

The arbitration cycle usually takes 60 days, but don't be stuck on the last day to submit materials

UDRP is accepted by organizations such as WIPO, ADNDRC, NAF, etc. Taking WIPO as an example, the rules require that the process from designating a panel of experts to making a decision should be completed within 14 days in principle; Combined with the formal review, delivery, and a 20 day defense period for the respondent, the overall cycle is usually around 60 days, and in some cases, it may be delayed to 75 days or even longer. Here is a detail: the respondent's defense period is 20 days, which is not calculated randomly based on natural days, but starts from the date of delivery of the complaint. If the respondent fails to defend within the deadline, the expert group may make a ruling in absentia, but it does not mean that they automatically win.

We usually advise clients not to wait until the last few days of the defense period to provide evidence. Due to strict restrictions on supplementary materials in the UDRP procedure, many pieces of evidence may not be accepted by the expert group if they miss the submission window. There are usually only two types of rulings: support for transfer or rejection. After supporting the transfer, the registrar will generally execute the decision within about 10 working days after the notification of the ruling, unless the respondent files a lawsuit with a court of competent jurisdiction within this window. This 10 day 'cooling off period' is a time point that many people overlook.

What can each obtain from domain name dispute resolution and court litigation

UDRP is an administrative dispute resolution procedure, not a lawsuit. Its remedies only include "transfer" or "cancellation" of domain names, without awarding compensation or infringement. If the domain name that has been hijacked has already been used for counterfeit sales, causing actual losses, and you want to claim damages, apply for a temporary injunction, or determine that the other party constitutes unfair competition, then you have to go to court. On the other hand, if the goal is only to retrieve the domain name, the cost is controllable, and you don't want to go to court for two or three years, UDRP is usually the first choice.

The choice of jurisdictional court also has its own considerations. The respondent may file a lawsuit with the competent court in the location of the registrar or domain name holder at the time of complaint or after the ruling. In practice, many Chinese rights holders choose to file lawsuits in courts in the United States or Hong Kong because domain name registrants and servers are often located overseas. But the costs of service of process, disclosure of evidence, and enforcement in cross-border litigation are not low,Shenzhen foreign-related litigation lawyerReminder: Accounting needs to be done first. Lawyer Jia Runlian (Guangdong Zhiming Law Firm) usually prioritizes UDRP and litigation when providing solutions to clients: first, use UDRP to quickly retrieve the domain name, and then decide whether to pursue compensation in court based on the extent of the loss.

The timing of overseas copyright registration directly affects how much you can obtain

Domain name disputes often involve plagiarism of page content and image theft, in which case copyright registration comes in handy. Article 412 of the US Copyright Law has a key rule: if the infringement occurred within 3 months after the first publication of the work and was registered before or within 3 months of the infringement, the rights holder may claim statutory compensation and attorney fees; Otherwise, we can only rely on actual losses and profits, which increases the difficulty of providing evidence. The maximum statutory compensation for each work can reach 30000 US dollars, and malicious infringement can reach 150000 US dollars. This amount is a bargaining chip in both negotiations and litigation. The relevant rules can be compared with the statutory compensation for copyright in the United States, and the timing of registration is the key factor determining the amount of compensation.

So when it comes to overseas copyright layout, registration is not just about 'having it', but about 'when it will be available'. Many cross-border e-commerce customers in Shenzhen are first complained about and then re registered, only to find out that they can only suffer actual losses and cannot recover compensation and legal fees. This order is wrong, it's difficult to remedy later.

The foundation of trademark rights is not solid, UDRP complaints are a waste of money

UDRP requires the complainant to have rights to the trademark. The rights arising from the use of common law may be recognized in certain jurisdictions, but the cost of proof is high. A more prudent approach is to complete trademark registration in the target market. The Madrid system can cover multiple countries, but there is a window period for the response after the designated country is rejected, and it cannot be ignored. The specific situation depends on who will take care of the rejection of the Madrid trademark designated country? After the conversation with Lawyer Shen Jinlong in 2026. Once the foundation of trademark rights is established, there will be leverage for domain name complaints, platform complaints, and customs filing.

If a company is simultaneously engaged in patent and trademark rights protection in Europe and America, cross-border procedures will intersect, and timelines and evidence need to be managed uniformly. Refer to the ideas given by Lawyer Shen Jinlong in 2026 for Shenzhen companies engaged in cross-border rights protection of European and American trademark patents. Domain name is just one part of it, don't isolate it.

What to do if complained about: Where is the defense point of legitimate interests

If you are the respondent, there is also room. Article 4 (c) of the UDRP lists three situations that can prove a legitimate interest: using or preparing to use a domain name to provide goods or services in good faith before receiving a dispute notice; As the domain name holder, it is widely known for this domain name; Non commercial legal use, without misleading consumers or damaging the trademark. The time point of "before receiving the dispute notice" is crucial, and the expert group generally does not recognize the temporary establishment of a website or the issuance of invoices afterwards.

In practice, we generally recommend that the respondent first verify the Whois registration time, website launch time, business contract, and advertising placement records to see if a complete usage chain can be formed. If there is indeed malicious registration, settlement transfer is often more cost-effective than forced arbitration. The UDRP ruling itself does not appeal, and if lost, one can only go to court, where costs and cycles need to be reassessed.

Cost, time, and execution need to be calculated together

The UDRP complaint fee is borne by the complainant, and the fee for a single WIPO expert group is roughly around $1500. The fee for a three person expert group will be higher, depending on the current fee standard of the institution. Compared to the legal fees that often start at tens of thousands of dollars and span several years in cross-border litigation, UDRP has a clear cost-effectiveness. But its limitations are also evident: it does not award money, does not address trademark infringement, and does not handle complex relationships beyond multiple domain names.

If it involves a series of domain names, multiple countries, and multiple platforms, it is recommended to first create an overall rights protection map before deciding which ones to use UDRP, which ones to use the court, and which ones to use the platform for complaints. When Shenzhen cross-border e-commerce is sued for patent infringement, the logic of choosing between response and settlement can be referred to in the case of Shenzhen cross-border e-commerce being sued for patent infringement. Lawyer Shen Jinlong discusses how to choose between response and settlement. Although the procedures for domain name cases are different, the principle of "settling accounts before taking action" is consistent.

One final reminder: UDRP does not exclude litigation, nor does it replace litigation. You can prepare court proceedings while filing a complaint, or adjust them based on whether the other party sues after the ruling. The key is the evidence chain and timeline, don't wait until the domain name is transferred or the website is shut down to start organizing. For more overseas intellectual property program issues, you can return to the Overseas Intellectual Property section to view.

This article was written by Lawyer Jia Runlian (Guangdong Zhiming Law Firm). Lawyer Jia Runlian has been dealing with overseas copyright, domain name disputes, and cross-border intellectual property rights protection for a long time. If you need a case assessment, you can call Guangdong Zhiming Law Firm's consultation hotline at 0755-25986969, or viewLawyer Jia Runlian.

Disclaimer: The content of this article is a general sharing of legal information and does not constitute a legal opinion or commitment to the outcome of any specific case. UDRP rules, institutional fees, and court procedures in various countries may be adjusted. Specific cases should be evaluated separately based on the basis of rights, evidence materials, and target markets. Reading this article does not establish a lawyer client relationship.