Abstract: The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with others’ trademarks to sell them for a profit.However, this practice was quickly and easily contained. New practices arose in domain name markets, not initially contemplated by the drafters of the ACPA and the UDRP. One example is clickfarming – using domain names to generate revenues from click-on advertisements. To avoid trademark liability, most clickfarmers and cybersquatters utilize personal names, geographic and cultural indicators, and generic terms as domain names. The application of current regulations to these practices is unclear, largely because of the lack of a coherent policy basis for domain name regulation.This article develops a new model for domain name regulation. It incorporates trademark policy within a broader theoretical framework incorporating aspects of restitution and property theory. The author suggests that a broader theoretical approach to domain name regulation would facilitate the development of more coherent domain name rules in the future. This discussion is particularly timely in light of the forthcoming implementation of a new generic Top Level Domain (gTLD) application process.To download this paper from the Harvard Journal of Law and Technology in full, see:
ssrn.com/abstract=1484763
Tag Archives: UDRP
UDRP Arbitrator Shares Insights on Trademark, Domain Name Disputes and Cybersquatting Issues
UDRP Arbitrator Sandra Franklin offered her insights on UDRP arbitrations concerning trademarks, domain names, and cybersquatting issues in a Cybersquatting Law Radio interview.
The interview, available to read or listen to, can be found on the Traverse Legal blog here.
WIPO Launches Paperless UDRP Proceedings
From Monday, December 14, 2009, the WIPO Arbitration and Mediation Center will launch essentially paperless UDRP procedures. This removes the requirement for mandatory filing and notification of paper pleadings in WIPO cases filed under the Uniform Domain Name Dispute Resolution Policy (UDRP).
This latest development of the UDRP is expected to substantially improve the efficiency of the mechanism by reducing the time and cost involved in submitting WIPO UDRP filings and to save up to one million pages of paper filed per year making it a greener and largely paperless procedure. While this leaner, more efficient procedure will become mandatory from March 1, 2010, ICANN in an announcement dated December 7, 2009, has signaled that UDRP providers may begin accepting electronic filings with immediate effect as long parties also have the option of submitting hard copies.
The modified Rules arose from a WIPO Center proposal made to ICANN in December 2008. Following an ICANN public comment process on the proposal in August 2009 which reflected broad support from UDRP stakeholders, an amendment package was submitted by WIPO to ICANN in September 2009. These modifications to the Rules governing the UDRP were approved by the ICANN Board at its Seoul meeting on October 30, 2009 with an implementation process subsequently announced by ICANN on December 7, 2009.
In line with ICANNâs announcement the WIPO Center will, from Monday December 14, 2009, allow all parties in UDRP cases administered by WIPO to submit electronic-only filings, using email. Those parties who elect to do so may be further guided by the modified WIPO Supplemental Rules, which have been slightly revised for this specific purpose (as pre-published with the WIPO amendment package sent to ICANN in September 2009).
The modified WIPO Supplemental Rules contain guidance on formatting modalities for electronic-only filing of UDRP cases. Parties who do not yet wish to use the new paperless option remain guided by the existing WIPO Supplemental Rules; such parties may continue to file in hard copy until February 28, 2010. The newly modified UDRP Rules continue to contain safeguards to ensure fair and effective notification of the complaint to the respondent.
Additional information about the new procedure, including modified filing guidelines, model pleadings for both parties and FAQs will be available on the website of the WIPO Center.
This WIPO news release was sourced from:
www.wipo.int/pressroom/en/articles/2009/article_0057.html
ICANN: Announcement Regarding Implementation of Modification to Implementation Rules for Uniform Domain Name Dispute Resolution Policy
On 30 October 2009, the ICANN Board approved a modification to the Implementation Rules for the Uniform Domain Name Dispute Resolution Policy (âRulesâ). The modified Rules now require UDRP claimants and respondents to provide documents to UDRP Providers in electronic form. The modified Rules also change UDRP Provider obligations in forwarding hard copy notice to respondents in UDRP proceedings: the original Rules required Providers to forward a hard copy of the UDRP complaint; under the new Rules, Providers do not have to forward a hard copy of the entire complaint. Providers are now only required to forward a hard copy notice that a UDRP complaint has been filed.
The modified Rules will become mandatory for all UDRP proceedings filed on or after 1 March 2010.
Until 1 March 2010, UDRP Providers may elect to follow the hard copy notice (without complaint) requirement as set forth in the modified Rules. For all UDRP proceedings filed on or after 1 March 2010, all UDRP Providers must follow the updated requirements. At that time, even if a UDRP Provider’s supplemental rules contain provisions conflicting with the modified Rules, the modified Rules will guide the proceedings.
Providers may allow, but must not require, UDRP complainants and respondents to submit complaints and responses in electronic form prior to 1 March 2010. For all UDRP proceedings filed on or before 28 February 2010, complainants and respondents may elect to submit their documents in hard copy form, as set forth in the original Rules.
This ICANN announcement was sourced from:
icann.org/en/announcements/announcement-07dec09-en.htm
ICANN Opens Public Comment Period on Czech Arbitration Court Proposed Pilot Projects
The Internet Corporation for Assigned Names and Numbers (ICANN) has received a request from the Czech Arbitration Court (CAC) to run two pilot projects related to its implementation of the Uniform Domain-Name Dispute Resolution Policy (UDRP), a press release by ICANN stated.
CAC was approved as a UDRP provider at the Board meeting on January 23, 2008.
CAC wishes to run tests of the following two UDRP-related services as part of its implementation of UDRP:
A. Simplified way of sending signed hardcopies of complaints and/or responses to the provider (Par. 3(b), Par. 5(b)) of the UDRP Rules.
This pilot project aims at exploring and testing the legal and practical implications of a service that would enable parties to submit hardcopies of the complaints/responses in a simplified way.
B. Service of delivery of signed hard copies.
This pilot project seeks to explore and test the legal and practical implications of a new service related to e-UDRP consisting of the printing and delivering of signed electronic documents.
ICANN has at the request of CAC agreed to post for public comment the description of the pilot projects for a period of thirty days, along with a report on the pilot project by Professor Chris Reed, a recognized international authority on technology law and electronic commerce law.
Those wishing to comment are encouraged to do so and to make their comments not later than August 21, 2008.
Comments may be submitted by email to cac-pilot@icann.org and may be viewed at http://forum.icann.org/lists/cac-pilot.
Original article : http://www.ag-ip-news.com/GetArticle.asp?Art_ID=6121&lang=en