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Domain Name Dispute Resolution

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Domain Name Dispute Resolution Powered By Docstoc
					                                                Presented by Daniel Toriola


      A domain name signifies your own address on the Internet. No two parties can ever hold identical domain
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                                                Domain Name Dispute Resolution
                                                            By John MacKenzie



    Domain Name Dispute Resolution by John MacKenzie


.COM companies are all the rage with the stock market riding high and falling as the mood shifts.
Everybody it appears is going on-line and there has been a massive rush to register all manner of
domain names. In February 2000 there were over 200,000 .co.uk domains registered compared to just
under 15,000 at the same time last year and there were just under 9,500,000 .com domains registered
by 1st March 2000! The domain name is seen as central to any marketing strategy as it is the "sign
post" to the web site hopefully worth millions!

However, due to the simple fact that the internet is global, there are not enough domain names to go
round and problems arise when there are competing businesses with the same name. To address this
problem the World Intellectual Property Organisation (WIPO) through their Arbitration and Mediation
Centre established a dispute resolution service to allow a cheap and effective means of resolving
disputes without going to court. It follows the Internet Corporation for Assigned Names and Numbers
(ICANN) dispute resolution policy which deals with disputes concerning .com, .net, and .org domain
names.

The ICANN procedure is only available for disputes concerning allegedly "abusive" registration of the
domain name. There are three criteria that have to be met.

1.The domain name is identical or confusingly similar to a trademark or servicemark in which the
complainer has rights;

2.The domain name holder has no rights or legitimate interests in the domain name; and

3.The domain name has been registered and is being used in bad faith.

A series of examples of bad faith are given in the ICANN policy document.

A recent case heard by the WIPO arbitration and mediation centre demonstrates the effectiveness of
the procedures. In Digitronics Inventioneering Corporation -v- @Six.Net Registered the two domain

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names in question were "sixnet.com" and "six.net". The complaint was submitted electronically to the
WIPO Centre on 17th January 2000 and a Panel appointed. The claimant alleged that the domain
name holder had no rights or legitimate interests in respect of the domain name and that the domain
name had been registered in bad faith.

The Panel decided that the respondent had been known by the domain name "Sixnet" even though it
had acquired no trademark or servicemark rights. As the complainer had failed to establish that
@Six.Net had no rights or legitimate interests in the domain name the application was refused. Of
particular interest is the fact that the respondents were a Canadian company and the claimants were
registered in New York. Using the WIPO Panel complex jurisdictional problems were avoided. The
decision was issued on 1st March 2000 only six weeks after the claim was raised.

Using the WIPO arbitration and mediation centre the parties were able to come to a cost effective
resolution to an International dispute within the specified timescale of between 45 and 50 days.



 John MacKenzie is a Solicitor Advocate and Associate with Masons in Glasgow. He advises IT
companies on Internet, intellectual property and data protection issues. If you would like more
information on the domain name dispute resolution process, or have problems with domain names
then please contact John MacKenzie on +(44) 141 248 4858. You can e-mail him at
john.mackenzie@masons.com.




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                                    Domain Name Dispute – How Do You Do It?
                                                     By Rudolf Freidlander



 Have you heard the term “domain name dispute”? Or, are you familiar with the domain name dispute?
If not yet, then it’s not a big problem though. This article will provide you some facts about the domain
name dispute for you to better comprehend what the nature of this thing is and why does it surface, so
you better read on.

What is a domain name dispute?

This is a common query that needs to be answered. Well, the domain name dispute is said to surface
over domain names that may have been formerly held or over domain names that may be the same to
a trademark or service over which you have the authority. Aside from this, there are some domain
name disputes studies which show that oftentimes the domain name dispute arise over domain names
that were formerly held and were not properly renewed and paid for. But how come that such domain
name disputes arise? One reason for that is perhaps due to incorrect e-mail addresses or let us says
other mistakes and miscommunications. So once the domain name becomes accessible, another
domain name consumer may legitimately own it regardless of whether you used to own it or not.

In terms of handling these domain name disputes, it is interesting to know that all of these disputes
may be handled through the ICANN’s Uniform Domain Name Dispute Resolution Policy or UDRP. All
of those official registrars are absolutely bound by these policies. And speaking of the UDRP, it is
commonly noted that this process sets forth all the regulations for handling the domain name disputes
including the negotiation and court moves.

Under the UDRP, all the registrars in the top-level domain names such as .com, .net, and .org are
subject to follow the Uniform Domain Name Dispute Resolution Policy. Under this matter, some types
of trademark-based domain name disputes should be resolved by agreement, court move, or
arbitration prior to the registrars’ suspension and transfer of the domain names. Besides, the domain
name disputes are also alleged to surface from abusive domain name registrations that may be
addressed by accelerated administrative procedures that the owner of trademark rights performs
through filling a complaint with an accepted domain name dispute resolution service contributor.

The dispute service providers, as organizations permitted by the ICANN, thus holds the responsibility
to arbitrate the disputes. And in case of a domain name during a dispute, it is important to know that
the domain names cannot be cancelled, suspended or even transferred during a domain name dispute.


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