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WIPO Overview of WIPO Panel Views on Selected UDRP Questions

The World Intellectual Property Organization wrote a legal primer that summaries the lessons learned from 380 decisions as of 2011 under the Uniform Dispute Resolution Policy (UDRP).  The following is just the beginning of the detailed and highly educational WIPO treatise.

Decision-making authority under the Uniform Domain Name Dispute Resolution Policy and Rules (UDRP) lies exclusively with the appointed panels. To assist awareness of their views on certain questions that commonly arise in proceedings under the UDRP, the WIPO Arbitration and Mediation Center has produced the following update and extension of its informal overview of panel positions on key procedural and substantial issues. This WIPO Overview 2.0 includes new decision references supporting each line of opinion, with over 380 decisions (formerly 100) from over 180 (formerly 80) different UDRP panelists now listed. Reflecting the evolution of the Domain Name System and UDRP jurisprudence, the number of issues included in the WIPO Overview has doubled.

While some of these issues arise only infrequently, all of them are, or are perceived to be, relevant to the operation of the UDRP. On most of these issues, consensus or clear majority views have developed. Certain other questions attract a diversity of views. The WIPO Center’s identification of questions and careful and conservative evaluation of opinions is based on some 20,000 UDRP cases it has administered through March 31, 2011. Detailed information on all views is available from the WIPO Center’s online Legal Index of WIPO UDRP Panel Decisions, its full text decision search facility, and the full posting of all decisions.

This WIPO Overview was originally created and has been updated and expanded in recognition of the need that has […]

By |2018-01-14T10:19:07-07:00December 31st, 2011|UDRP, WIPO|0 Comments

Trademark Law and Domain Names: ACPA or UDRP?

The MOZ Blog:  “I want to discuss how trademark law plays out in the course of a domain name dispute. We’re going to compare and contract the Anti-Cybersquatting Consumer Protection Act with I-CANN’s Uniform Domain Name Dispute Resolution Policy.  As I see it, there are generally three kinds of domain name disputes. They are as follows:

  1. Cybersquatting: You own a trademark and someone without a right to the mark is exploiting your mark in bad faith.
  2. Two trademark holders, one domain name: You own a trademark, but someone else owns the same mark too and there is only one domain name.
  3. No one owns the trademark, but everybody wants the brand: Not all domain names are trademark protected, but people inappropriately attempt to use trademark law to resolve domain name issues.

While discussing each prototypical domain name dispute, we will also discover the different statutes and dispute resolution procedures available in domain name disputes.”

By |2018-01-14T10:19:07-07:00March 9th, 2008|ACPA, UDRP|0 Comments
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