Dispute resolution. Generic top-level domains are governed by the Uniform Domain Name Dispute Resolution Policy (UDRP); complaints can be filed with providers such as the WIPO Arbitration and Mediation Center or the Asian Domain Name Dispute Resolution Centre. Domains under .cn and Chinese-character domains are governed by the dispute resolution policy of the China Internet Network Information Center (CNNIC).
A complaint has to satisfy three requirements at once: the domain complained of is identical or confusingly similar to a name or mark in which the complainant has rights; the holder has no rights or legitimate interests in the domain or its principal part; and there is bad faith. On the third requirement the two policies diverge — under the UDRP the domain must have been registered and be being used in bad faith, whereas under the CNNIC policy bad faith in either the registration or the use is sufficient. The outcome is transfer or cancellation of the domain. No damages are awarded.
Litigation. A civil action can be brought for trademark infringement or unfair competition, seeking an order to stop the use, transfer of the domain, and damages. It takes longer than a dispute proceeding, but it is the only route that produces compensation.
Where the object is simply to recover the domain, the dispute route is faster. Where there is actual infringing trading activity and the loss can be quantified, litigation goes further. One risk to keep in mind: bringing a complaint when your own priority is not well established can itself be found to be reverse domain name hijacking.
