By Steve Levy
If you’ve ever dipped your toes into the world of domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), you’ve probably heard of the Oki Data test. It’s a four-factor framework that panels use to decide whether a reseller or service provider has legitimate rights to made a fair use of a trademark in a domain name. Born from a 2001 case involving Oki Data Americas and a repair shop using the domain okidataparts.com, this test has become a cornerstone of UDRP jurisprudence.
Let’s break it down. In order to satisfy the Oki Data test, a distributor (whether authorized or unauthorized) must show that it is using the disputed domain name according to the following standards:
- It must be genuinely offering the trademarked goods or services for resale. No smoke and mirrors—just real products or services that originate from the owner of the mark.
- The site should only sell the trademarked goods. If it’s also pushing competitor products, that’s a bait-and-switch situation, and panels won’t be impressed.
- The respondent must clearly state that it isn’t affiliated with the trademark owner. Think prominent disclaimers like “This site is not affiliated with [Brand X].”
- No Attempt to Corner the Market. The respondent shouldn’t be hoarding domain names that include the trademark. One domain is fine. Ten? Not so much.
Here’s where things get interesting. While the third element was often applied in a rigid and unforgiving way, more recently, panels have started to take a more nuanced view. Some are willing to find that this factor is satisfied even without an explicit disclaimer—if the overall presentation of the site makes the relationship (or lack thereof) obvious. It’s a shift toward evaluating context of a Respondent’s domain name use and website over formal checkbox compliance.
This four-part test isn’t just a legal checklist—it’s become more of a balancing act. And the evolution of the third factor shows that UDRP panels are adapting to the realities of online branding. A site that clearly identifies itself as an independent provider, even without a formal disclaimer, might still pass muster if it avoids confusion and doesn’t mislead users.
So, what’s the takeaway? If you’re considering going after a reseller or service provider who uses your trademark in a domain name, the Oki Data test is your roadmap. But don’t treat it like a rigid formula. Panels are increasingly looking at the bigger picture—intent, clarity, and fairness. Carefully consider how this more holistic approach to the test may affect your case and then decide if a UDRP complaint is the way to go.