UDRP

Taking a Closer Look at Reverse Domain Name Hijacking (RDNH) with WHOIS Search and Brand Monitor

The World Intellectual Property Organization (WIPO) recorded a 12% increase in Uniform Domain-Name Dispute Resolution Policy (UDRP) cases filed in 2018. In fact, WIPO saw a total of 3,447 cases that covered 5,655 domain names. What this implies...

Procuring Digital Evidence for Reverse Domain Hijacking Case with Domain Research & Monitoring Tools

Reverse domain name hijacking is a shady practice that some individuals and organizations carry out. It occurs when a trademark owner makes false claims in an attempt to gain control of a domain that someone else owns.

ICA Statement on ADO.com UDRP Decision: Overreaching Panelists and Interference With Domain Market

In the recent ado.com UDRP decision, the panel made the speculative and factually incorrect finding that a "high" asking price indicated bad faith targeting of a trademark. The UDRP is intended to address clear-cut cases of cybersquatting, not to second guess the asking prices set on inherently valuable domains in an open and competitive marketplace.

A Re-Examination of the Defense of Laches After 18 Years of the UDRP

After 18 years of the UDRP, it is time to re-examine the defense of laches. When the UDRP was launched in 1999, the defense of "laches" was likely not foremost on anyone's mind. After all, "laches" refers to a lack of diligence in making a legal claim - and since the UDRP was brand new and the commercial use of domain names was in its relative infancy in 1999, nobody was really concerned with a trademark owner having "unreasonably delayed" making a UDRP complaint.

Why UDRP Panelists Must Follow the Policy: A Look at the Devex.org Decision

Observers of the UDRP are aware that ICANN has substantially abrogated responsibility for oversight of the UDRP. ICANN accredits dispute resolution providers (DRPs) without requiring a contract so that the DRPs are held to no enforceable standards.

Why the Record Number of Reverse Domain Name Hijacking UDRP Filings in 2016?

By replacing the core criterion of the Policy with repurposed language found elsewhere, panelists inadvertently encourage Complainant companies to attempt to misuse the UDRP to steal domains that were registered long before those companies and associated product trademarks came into existence.

UDRP: Better Late than Never - ICA Applauds WIPO for Removing Misguided ‘Retroactive Bad Faith’

The Internet Commerce Association (ICA), a non-profit trade group representing the domain industry, applauds the World Intellectual Property Organization (WIPO) for removing misleading guidance from the newly released updated version 3.0 of its Overview of WIPO Panel Views on Selected UDRP Questions.

The Rise and Fall of the UDRP Theory of ‘Retroactive Bad Faith’

Since its establishment in 1999, the Uniform Domain Name Dispute Resolution Policy has required complainants to prove inter alia, "bad faith registration". In practice, this has meant that where a domain name was registered before a trademark came into existence, that "bad faith registration" would be considered chronologically impossible.

.pw - The First TLD to Adopt the Uniform Rapid Suspension Rights Protection Mechanism

The .pw Registry is pleased to announce its adoption of ICANN's latest rights protection mechanism, the Uniform Rapid Suspension (URS). By doing so, the .pw Registry becomes the first TLD to adopt the newest rights protection mechanism from ICANN.

.PW Registry Extends Sunrise to Provide Additional Cover for Trademark Holders

The Registry for .PW today announced that the Sunrise Period will be extended for a week, until 15th February, 2013. Sunrise was originally scheduled to end on 8th February and has been extended further based on the late interest from brand owners.