The ICANN Domain Name Dispute Resolution System as a Model for Resolving other Intellectual Property Disputes on the Internet*

2002 ◽  
Author(s):  
Andrew F. Christie
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
The Internet ◽  
Domain Name ◽  
Resolution System ◽  
Dispute Resolution System

Uniform Domain Name Dispute Resolution Policy (UDRP)

2015 ◽  
Author(s):  
Torsten Bettinger ◽  
Allegra Waddell
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
The Internet ◽  
Uniform Domain ◽  
Property Law ◽  
Domain Name ◽  
International Impact ◽  
The Everyday ◽  
Use Of The Internet ◽  
A Company

As worldwide use of the Internet has expanded, the importance of domain name selection and use has increased exponentially for brand owners and professional domain name registrants alike. The terms ‘cybersquatting’ and ‘pay-per-click advertising’ have become commonplace in the everyday vernacular. Although domain name law is, in many respects, similar to more traditional trademark and intellectual property law, many countries are still developing practices for handling disputes over Internet space. Given the international impact of domain name use, and the myriad jurisdictional problems concerning both venue and enforcement of judgments, domain name disputes present a number of challenges to nationally-based court systems. Domain name registration generally follows a ‘first-come, first-served’ model, thus potentially leaving trademark owners open to abusive registrations on behalf of cybersquatters and in some cases putting a company in the difficult position of paying ‘ransom’ to a domain name holder who registered the company’s trademark or brand in a domain.

scholarly journals Domain Name and Its Protection in India

2019 ◽  
Vol 8 (2S3) ◽  
pp. 1322-1324
Keyword(s):  
Dispute Resolution ◽  
Present Article ◽  
Homo Sapiens ◽  
Third Party ◽  
Domain Name ◽  
Internet Protocols ◽  
Identification Process ◽  
Domain Names ◽  
Resolution System ◽  
Dispute Resolution System

The present article deals with the concept of domain name, its protection and conflicts arising out of malafide registration of the same. Before proceeding further, it is important to give a brief on what domain names are. A domain name is an actual name given to an Internet Protocol and has every qualification of identification. Since Internet protocols are complex combination of alpha numeric values, the domain names makes the identification process of a network easy to remember. For example, remembering ‘humans’ is easier than ‘homo sapiens’ and convenient also. Similarly remembering ‘www.google.com’ is easier than ‘64.233.191.255’ . In later part of the research registration of domain names have been discussed in detail. In case of use of such registered domain name by third party unauthorizedly will amount to offence. The researcher has further thrown light on conflicts arising out of such unauthorized use and the judicial pronouncements towards the same. At the end various findings and suggestions regarding better dispute resolution system has been discussed.

scholarly journals Procedures for Dispute Resolution or for Commercial Control?: Reinforcing the Status Quo in Internet Governance

2004 ◽  
Vol 18 (2) ◽  
pp. 31-52
Author(s):  
Jisuk Woo
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Status Quo ◽  
The Internet ◽  
Centralized Control ◽  
Role Of Government ◽  
Non Profit ◽  
Domain Names ◽  
Resolution System ◽  
The Status

This study examines how Internaet domain names came to be governed by ICANN, a non-governmental, non-profit private international organization, and investigates how domain name disputes are dealt with by its newly adopted UDRP(Uniform Dispute Resolution System). The analysis examines UDRP policy and rules, and empirically assesses the relationship between decisions of the proceedings and the different factors involved. The findings show that UDRP operates in ways that maximize the commercial interests of existing, large companies at the expense of interests of individuals and small, new companies. The current regime, gives priority to preempting intellectual property-related disputes to protect intellectual property rights, rather than coordinating the use of domain names by individuals and companies. In this process, the commercial status quo of the Internet is reinforced, and the Internet is ironically placed under the most centralized control because the UDRP system is forces upon all gTLD domain names. This paper concludes excluding government and relying on private ordering and self-governance for rule making and the procedures of alternative dispute resolution, may be dangerous to individual interests, especially when the role of government is excluded and individuals' participation remains low.

A country road: domain name disputes in .nz—is private dispute resolution working?

2019 ◽  
Vol 27 (4) ◽  
pp. 409-436
Author(s):  
Joy Liddicoat
Keyword(s):  
Dispute Resolution ◽  
Evaluation Criteria ◽  
Domain Name ◽  
Resolution System ◽  
Country Road ◽  
Detailed Evaluation ◽  
Country Code ◽  
Road Domain ◽  
Dispute Resolution System ◽  
Overall Effectiveness

Abstract Domain name dispute literature focuses largely on generic top level domains and the Uniform Dispute Resolution Policy. Country code top level domains (ccTLDs) attract far less commentary. This article addresses this gap with a detailed evaluation of one ccTLD dispute resolution system: .nz. Evaluation of domain name disputes presents unique challenges: there is no single system for resolving disputes, diverse legal tests apply across jurisdictions and categories of disputes vary. The article examines .nz in light of these challenges, developing and applying evaluation criteria to draw conclusions about the number and categories of disputes, resolution rates and overall effectiveness. The article analyses cases, including appeals, under the “unfair registration” test which contrasts with Nominet’s .uk dispute resolution policy on which the New Zealand system was closely modelled. The author concludes .nz operates a just and workable dispute resolution service that demonstrates effective and responsible ccTLD administration.

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