RDAP 2020: Filing a UDRP in the RDAP Web Era

RDAP was originally developed in 2015 by the Internet Engineers Task Force as a possible substitute for the WHOIS system. The RDAP presents significant advantages compared to WHOIS, such as support for more languages and scripts, higher data security, and compliance with current privacy legislation. Crucially, the new protocol comes with the ability to provide limited access to authorized subjects with a verified legitimate interest, thus finally providing an answer to the GDPR requirements.

Unfortunately, the registration data provided by RDAP will most likely not include anything more than what is currently available under the temporary specification adopted for the WHOIS following the GDPR implementation (for more information on this, read our article on 'Filing UDRP Complaints Post-GDPR'). The matter of legal persons’ data (e.g., the sole proprietorship issue, other company information, and generic emails) is still under discussion and might result in the only relevant difference between the two systems, at least from the perspective of IP rights protection.

According to ICANN’s schedule at the time of writing, the full implementation of the RDAP will come into force after a negotiation period followed by public comments and the drafting of the final agreement by the ICANN Board, thus effectively terminating WHOIS by May 2020.

The significant weights imposed indirectly by the GDPR on the UDRP by de-facto forbidding access to registrants’ data in WHOIS will still last with the implementation of the RDAP. In the absence of registration data, IP owners are now resorting to filing “blindfolded” UDRPs with WIPO, indicating as a defendant the dataset currently provided by WHOIS (e.g., 'PRIVACY REDACTED'), not differently from cases where the registrants’ data would have been protected via proxy or third parties’ privacy services.

As previously described in our guide on 'Filing UDRP Complaints Post-GDPR,' trademark owners might also contact domain registrars directly to request (partial) disclosure of the registration data of the subjects infringing on their IP. The disclosure would necessarily require a prior balancing test between the complainant’s legitimate interest in the data and the fundamental right and interest of the data subject in keeping their privacy intact.

In the absence of registrant identifiers (in both WHOIS and, potentially, RDAP 2020), it has become increasingly important for major corporations to have a well-established central administration of their domain portfolio.

Thomsen Trampedach, our center of excellence for domain name management, takes pride in providing global industry leaders with the best expertise for the recovery and deletion of domains subjected to cybersquatting or similar illicit activities. For more information on how we can help you protect your IP rights online [1], including further insights on the UDRP and RDAP, contact our team today.

[1] Questel does not provide any legal services. Legal services are provided by independent IP attorneys on the basis of a separate engagement agreement between you and, if you wish to, a partner IP attorney firm.