Domain name dispute preparation checklist
Domain name disputes require structured preparation to demonstrate rights in a name, the respondent's lack of legitimate interest, and bad faith registration or use. This checklist covers both .au disputes under the auDRP and gTLD disputes under the UDRP.
This is a 12-step checklist for preparing a domain name dispute in Australia. It covers the auDRP process for .au domains, UDRP for gTLDs, evidence gathering, and complaint drafting.
The checklist
Identify the disputed domain
Confirm the exact domain name, the registrar, the registrant (via WHOIS where available), and the current use of the domain.
Determine the applicable policy
Identify whether the dispute is governed by the .au Dispute Resolution Policy (auDRP), UDRP, or a ccTLD-specific process.
Establish rights in the name
Compile evidence of the complainant's rights — trade mark registrations, business name registrations, common law use, and domain portfolio.
Assess bad faith indicators
Document indicators of bad faith — passive holding, pay-per-click monetisation, phishing, or offers to sell the domain to the trade mark owner.
Check for legitimate interest defences
Assess whether the respondent may claim a legitimate interest — bona fide offering of goods, commonly known by the name, or fair use.
Gather evidence
Collect screenshots, web archive captures, WHOIS records, correspondence, and trade mark certificates. Ensure evidence is dated and authenticated.
Consider direct negotiation
Before filing, consider whether a cease and desist letter or direct negotiation may resolve the dispute more quickly and cheaply.
Select the dispute resolution provider
Choose the appropriate provider — for .au, the complaint goes to an auDRP provider; for gTLDs, select WIPO, NAF, or another UDRP provider.
Draft the complaint
Draft the complaint addressing each element: identical or confusingly similar name, no rights or legitimate interests, and registered and used in bad faith.
Review the fee structure
Confirm the filing fee — which varies by provider and whether a single or three-member panel is requested — and arrange payment.
File and serve the complaint
Submit the complaint to the provider in the required format and confirm that the respondent has been notified.
Prepare for a response
Anticipate the respondent's arguments, prepare rebuttal evidence if the policy permits supplemental filings, and monitor the timeline.
When this checklist applies
Use this checklist when a client's trade mark or business name is being used in a domain name registered by a third party.
Common pitfalls
- Filing under the wrong dispute resolution policy for the domain extension
- Not capturing web archive evidence before the respondent changes the site content
- Underestimating the respondent's legitimate interest — especially for generic terms
- Failing to demonstrate bad faith registration as well as bad faith use
- Not considering the cost-effectiveness of dispute resolution versus negotiation
Run this checklist on a real matter
Quillio helps gather evidence and draft domain name dispute complaints. Start a free trial at /free-trial.
This checklist is a general guide. Domain name disputes involve specific procedural rules that vary by dispute resolution provider — obtain specialist advice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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