New gTLDs and Higher Burden of Proof Distinguish URS Rulings

For a recent story on the Uniform Rapid Suspension Service (URS), Bloomberg BNA contacted Finnegan attorney Marina A. Lewis for her insights into the distinctions between the URS and the Uniform Domain Name Dispute Resolution Policy, and the “grey areas as to what outcomes trademark owners can expect under the new remedy.” Ms. Lewis states that “a vast majority of [URS] cases result in the suspension of domain names because trademark owners will opt for the UDRP if their cases are not clear-cut, as they do not want to run the risk of this penalty.” The penalty referred to includes potentially being barred from utilizing URS for a year if the panel finds there was not a valid basis for asserting the claim. Ms. Lewis also notes that while there are inconsistencies in both UDRP and URS decisions, the “URS has improved on this shortcoming due to its higher burden of proof.” She states that the “range of inconsistency in the URS is much more narrow because the standard is so high.”