There are a number of steps in resolving a domain name dispute. It all starts with resolving the rules associated with the particular domain name. Each top level domain (.com, .net, etc.) has its own set of rules, as do the country code level domains (.com.au, .net.au, etc.).
From there a complaint is made to a relevant authority. Often this is the World Intellectual Property Organisation (WIPO) who have been granted authority to deal with many top level and country code level disputes. WIPO, or in Australia the .auDA, assigns one or more adjudicators to resolve the dispute. After determining the matter, if the complainant is successful, it will instruct the registrar of the domain name to transfer the name.
In order to be successful in a claim for a domain and have a domain name transferred, the claimant must satisfy several elements. The onus is on the claimant to prove each. Conversely, if the respondent wants to defend a claim against the respondent’s domain name, it should seek to prove one of the elements above is not met.
