Domain Name Disputes
The quasi-private authority controlling ownership of all domain names is called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN has established a procedure for resolving domain name disputes called the Uniform Dispute Resolution Procedure (UDRP).
In cases involving such disputes, clients have the option to have Kirton McConkie attorneys file complaints on a traditional or contingency fee basis. Here is how the options differ:
- With the traditional option, a client pays a $3,500 flat fee for filing a UDRP complaint.
- With the contingency option, an escrow of $6,000 is set up with Kirton & McConkie. If successful, the money is paid to the firm as a legal fee. Otherwise, it is returned to the client, in full.
Though the second option is potentially more expensive for the client, the firm takes all the risk until a case is successfully resolved and earns a premium for the risk taken.
Regardless of the option chosen, clients are also responsible for hard costs incurred, which includes the filing fee for a complaint. Currently, the filing fee for a UDRP complaint is $1,300 for a single-member panel and $2,600 for a three-member panel. The fees may increase depending on the number of domain names in dispute.
Articles & White Papers
- Summer 2013JAMS Dispute Resolution Alert
- June 13, 2012Law360
- June 13, 2012Adweek
- February 24, 2012Inside Counsel
- January 13, 2012Inside Counsel
- Final Report of the ICANN Board of Directors/GAC Joint Working Group on the Review of the Role of the GACAugust 2011Commentary
- June 2010White paper