Judicial Review of ICANN Domain Name Dispute Decisions by David E. Sorkin [Santa Clara Computer and High Technology Law Journal]

Abstract: Since late 1999 more than 3,000 quasi-arbitral proceedings have been conducted to address disputes involving Internet domain names. These proceedings are governed by ICANN’s Uniform Dispute Resolution Policy (UDRP). A UDRP order to transfer a domain name will be implemented unless the domain name registrant promptly commences a lawsuit against the trademark owner. Domain name registrants have taken advantage of this right to judicial review in a small number of cases. At least two U.S. courts thus far have held that they are not bound by UDRP decisions, although the legal effect of these decisions remains unclear. This Article contends that a de novo standard of review is warranted in such cases.

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