UDRP Domain Takeover vs. Domain Takedown

In the world of domain ownership, the need for disputes and enforcement can occur. But how should they be handled? What’s the difference between Uniform Domain-Name Dispute-Resolution Policy (UDRP) domain takeovers and a domain takedowns? Let’s take a closer look at the processes.

What Is a UDRP Domain Takeover? 

Established by the Internet Corporation for Assigned Names and Numbers, UDRP is the legal process for solving domain name disputes where trademark owners challenge the registration of a domain name for possible infringement. This applies to top-level domains including .com, .net, and .org, as well as .xyz, .online, and .top.

The process for a successful dispute involves three main elements:

• The domain name must be exactly or very similar to a trademark or service mark
• Those who registered have no legitimate interests or rights in the domain name
• The domain name is registered and being used in “bad faith” (a panel will consider serval factors to assess this)

While this procedure is more informal than litigation, decision makers are experts in international trademark law, domain name issues, e-commerce, etc. As an international establishment, organizations can utilize this process no matter where the dispute or domain name holder is located. 

Should an organization lose a UDRP proceeding, in many jurisdictions, they may still bring a lawsuit against the domain name registrant under local law. However, should they win, the domain is transferred from the registrant to the rightful entity.   

What Is a Domain Takedown? 

Much like UDRP domain takeovers, the objective of a takedown of a domain is to stop use of a domain name. The difference, however, is that a takedown is intended to remove or suspend a domain name by a registrar. The reasons for a takedown can be similar to a UDRP domain takeover, the domain name is a copyright infringement, the activity violates terms, or the activity is illegal. 

The process for the takedown of a domain can vary from court orders to working directly with registrars. The outcome, if successful, is the suspension or transfer of the domain name. 

Key Differences Between Domain Takeover and Takedown

While these methods are similar, UDRP domain takeovers usually involve trademark disputes, but takedowns cast a wider net with things like policy violations and copyright infringements. 

The appointed panelists make the UDRP domain takeover decisions while the takedown of a domain is performed by registrars or other authorities. Another key difference is that, if successful, it transfers the domain to the organization filing the complaint. This is different from a domain takedown because, if successful, a takedown suspends or removes the domain. While this may seem a subtle difference, it is rather stark. If the domain is being used for malicious purposes, a takedown is needed!

Which Procedure Is Right for Your Organization? 

There are some common misconceptions about UDRP domain takeovers and domain takedowns. Costs, time, and services covered are a few of the polarizing differences between the two. 

To determine the best approach for your organization, it’s important to understand that UDRP domain takeovers often involve higher costs than many brand protection services, including takedown solutions. The process can take eight weeks or more — time during which a threat actor may actively use your domain name and likeness. Additionally, the UDRP process does not include threat detection; the burden falls entirely on the plaintiff to identify and present evidence of abuse in their claim.

A takedown can vary in timespans due to the severity and strength of your case. However, utilizing a third-party, like Fortra Brand Protection, can considerably shorten takedown times with an extensive range of takedown services within the industry to ensure the fastest mitigation possible. To minimize the damage, a takedown process is essential. Stop the domain with a takedown or apply browser blocking while your organization moves forward with the legal process to stop the entity from using the domain again.

Using UDRP and Takedown Tools Together: Is It Possible?

Organizations can leverage both the UDRP process and domain takedown actions, but you may wonder, why use both? It’s important to understand a key distinction: UDRP does not remove a domain from the internet.

For instance, if a domain is being used for malicious purposes, such as phishing, allowing it to remain live — even during a transfer — poses ongoing risk. While gaining ownership through UDRP enhances long-term cyber protection, it doesn't prevent users from accessing the harmful site in the meantime. In such cases, a swift takedown of a domain is essential to mitigate immediate threats.

Having the domain removed in a takedown process is usually recommended. Utilizing UDRP for legalities that include stopping others from using your domain names is also recommended. 

Every organization faces unique circumstances, but when an unauthorized entity is using your domain name, time is critical. Initiating the takedown of a domain helps stop ongoing harm to your business, customers, and website visitors. In parallel, you may also pursue a UDRP domain takeover to enforce your legal rights and establish long-term protection.