Feeds

WIPO publishes case book of domain name decisions

Suckscess or failure

  • alert
  • submit to reddit

Top 5 reasons to deploy VMware with Tegile

The World Intellectual Property Organisation has published an overview of trends in its 7,000 domain name dispute decisions since 1999. It is, in effect, a free online case book about cybersquatting that can help parties to gauge their chances before action.

All decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) – the guidelines for deciding most .com, .net and .org domain name disputes – have been available online for the past six years. But this is the first time that WIPO has compiled comprehensive guidance on how its panellists have interpreted the UDRP.

The research considers common and important substantive and procedural questions that have been extracted from the cases through February 2005.

For example, to convince a WIPO panellist that someone is cybersquatting on your brand, you need to show that the disputed domain name is identical or confusingly similar to your trade mark. If someone registers a "sucks" site – e.g. nikesucks.com – is that confusingly similar to Nike's trade mark?

The answer is generally yes, according to the research. The majority view is that: "A domain name consisting of a trade mark and a negative term is confusingly similar to the complainant’s mark." A brief explanation follows: it may be, for example, that the non-fluent English speakers would not recognise the negative connotations of "sucks."

This does not mean that all "sucks" complaints will succeed. Under the UDRP, a complainant must also show that the respondent does not have a right or legitimate interest in the domain name; and that the respondent registered and used the domain name in bad faith.

With an FAQ approach, the 26 questions include, for example, can a reseller have a right or a legitimate interest in the disputed domain name?; and what is the role of a disclaimer on the web page of a disputed domain name?

"By offering a concise overview of UDRP decision trends, this new tool will further enhance the consistency and reasoning of decisions taken under the UDRP and will help parties to better assess their chances under the UDRP," said Francis Gurry, WIPO's Deputy Director General, who oversees the work of WIPO’s Arbitration and Mediation Center.

Related link

Overview of WIPO panel views on selected UDRP questions

Related stories

Dell joins domain name hall of shame (again)
Dutch companies fined for eBay typosquatting
Microsoft halted in phonetic domain crusade
Gatwick.com owner wins WIPO battle
BAA accused in net 'dirty tricks' campaign
The Internet - cheap at twice the price
Powergen awarded whistleblower's domain
Microsoft lawyers threaten Mike Rowe (17)
Net activism and the future of domains

Intelligent flash storage arrays

Whitepapers

Seattle children’s accelerates Citrix login times by 500% with cross-tier insight
Seattle Children’s is a leading research hospital with a large and growing Citrix XenDesktop deployment. See how they used ExtraHop to accelerate launch times.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.