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The Uniform Domain Name Dispute Resolution Policy is a non-exclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for trademark rights' owners to challenge domain names allegedly registered for unlawful purposes. Policy, paragraph 4(a) states that a registrant is "required to submit to a mandatory administrative proceeding in the event that a third-party... more
If, like me and my clients, you ever receive an email about a domain name expiration, proceed with great suspicion -- because many of these "notices" are a sham. They're designed to sell you services you don't need or to trick you into transferring your domain name to another registrar. Usually, the emails can safely be ignored. Here's an example: As shown, an important-looking email from "Domain Service" refers to a specific domain name in the subject line. more
On the face of it, the answer is a rather obvious and simple "yes"! The Internet obviously works across borders. Technically, it is a global network servicing its users wherever they may be on the planet. But it is this very nature -- the fact that the Internet is not bound to a specific country or territory -- which has more and more people asking themselves whether it can really work across borders. more
Parties to a UDRP proceeding must include a certification similar in U.S. practice to Rule 11 of the Federal Rules of Civil Procedure (and undoubtedly a feature in procedural codes in other judicial jurisdictions) "that the information contained in this [Complaint or Response] is to the best of [Complainant's or Respondent's] knowledge complete and accurate, that this [Complaint or Response] is not being presented for any improper purpose, such as to harass... more
Another domain name dispute decision -- this one for '24hour.fitness' -- has highlighted the increasing (potential) relevance of the top-level domain (TLD) under the Uniform Domain Name Dispute Resolution Policy (UDRP). As I have written before, the proliferation of new TLDs is having an impact on whether and how UDRP panels consider the TLD in their decisions. more
The domain name industry descends on Hyderabad this week for ICANN's 57th annual public meeting, with a mixed sentiment of excitement and determination as ICANN stands on its own two feet absent US Government oversight. We'll have to get used some new acronyms as a result: PTI -- Public Technical Identifier; and the CSC -- Customer Standing Committee, but otherwise I don't think many of us will notice the difference. more
A team of researchers from Princeton University and the University of California has developed a machine-learning algorithm named PREDATOR that can accurately establish domain reputation at the time of domain registration. more
Following a very successful series of workshops held during IETF meetings, the next Registration Operations Workshop (ROW) is now being held during the upcoming ICANN meeting in Hyderabad, India. While the previous workshops were of advanced topics attended by industry experts, the current one will be more of a tutorial and is open to all interested parties. more
The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been newly minted a moment before filing the complaint. This is different from the Anticybersquatting Consumer Protection Act (ACPA) in which trademark owners must have a "mark that is distinctive at the time of registration of the domain name." The difference is important... more
Proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) can be heard by either a one- or three-member panel. Here are eight important facts that every complainant (trademark owner) and respondent (domain name registrant) should consider when deciding whether to select one or three members... Either party - complainant or respondent - has an opportunity to select a three-member panel... more
"Reverse Domain Name Hijacking" (RDNH) is a finding that a panel can make against a trademark owner in a case under the Uniform Domain Name Dispute Resolution Policy (UDRP)... While neither the UDRP nor the Rules provide any further details or guidance, the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, provides some insight into the circumstances in which panels have found RDNH. more
The Uniform Domain Name Dispute Resolution Policy (UDRP) is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings if they "determine[ ] ... and as an exceptional matter, that such a hearing is necessary for deciding the complaint" no in-person hearing has ever been held. Rule 13 exists to be ignored. more
A recent study commissioned by ICANN reveals despite introduction and growth of new gTLDs, .COM and other legacy TLDs have remained steady and rising. more
Neustar, a leading provider of registry services, is hosting a Town Hall meeting this month for the United States' country code Top-Level Domain, .US. Neustar introduced the .US Town Hall last year to reflect our commitment -- and the Commerce Department commitment to the bottom-up, multistakeholder model of DNS management. The public forum is an important part of ensuring that .US continues to be a vibrant namespace that reflects America's diversity, creativity, and innovative spirit. more
The Uniform Domain Name Dispute Resolution Policy (UDRP) limits parties' submissions to complaints and responses; accepting "further statements or documents" is discretionary with the Panel (Rule 12, Procedural Orders), although the Forum (in Supplemental Rule 7) but not WIPO provides for supplementing the record with the proviso that "[a]dditional submissions must not amend the Complaint or Response." For some panelists, Rule 7 contradicts the Policy. more
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