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Topic: UDRP

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	TP: Beware the UDRP
		Prior to the UDRP it was a Wild West scenario in the land of domain legislation.
		ICANN now publishes regular league tables of decisions from the UDRP providers which (and you have to believe your trusty correspondent on this one: it's from industry sources) lawyers and intellectual property consultants are now actively using to advise their clients on where to go to get the domain names they want.
		Perhaps not, but the notion that a paid and partial UDRP provider with elastic interpretations of guidelines which in themselves have a dubious legitimacy should have the right to decide on such a matter is disturbing, to say the very least.
	www.heise.de /tp/r4/artikel/8/8695/1.html (1392 words)

	UDRP Opinon Guide
		The UDRP (Uniform Domain Name Dispute Resolution Policy) was adopted in late 1999 by ICANN (the private authority responsible for the administration of certain Internet technical parameters) to offer an alternative to litigation in local courts to settle complaints by trademark owners about cybersquatting.
		UDRP proceedings are binding on all domain name holders in.com,.org,.net,.info and.biz as well as [ccTLDS] and can result in the cancellation or transfer of the domain registration to the trademark owner.
		UDRP opinions are not "law." They are not binding on courts and not even binding on other Panelists.
	cyber.law.harvard.edu /udrp/opinion (663 words)

	UDRP: University Dispute Resolution Project (Site not responding. Last check: 2007-10-22)
		UDRP: the University Dispute Resolution Project is a student-run organization that helps members of the George Mason University community deal with interpersonal and organizational conflict.
		UDRP is a volunteer organization relying on the hard work and enthusiasm of many students, both graduate and undergraduate.
		UDRP is committed to the principle that a diversity of perspectives is essential to understanding and bridging personal, cultural, social, and ethnic differences and endeavors to embody that principle in every aspect of the organization.
	www.gmu.edu /org/udrp (194 words)

	EL PROCESO DE DISPUTA DE NOMBRES DE DOMINIO Y SUS PROBLEMAS
		The UDRP procedure have been mainly thought to avoid difficulties arising from "cyber squatting" practices, that is, to register and/or use certain domain name by a person or legal entity, and such domain name is identical or confusingly similar to a trademark which has been previously registered.
		UDRP procedure accepts to review any type of complaint, however extravagant it is. This has an appeal effect to open dispute processes, as a complainant without any apparent right on certain domain name (even attractive domain name), may think it has nothing to loose if it decides to start a dispute.
		It is recognized that UDRP Policy and Rules were developed at an stage to serious anxiety by the trademark owners and under a crisis scenario provoked by the cybersquatter practices.
	www.rose.es /udrpenglish.htm (5188 words)

	USCA1 Opinion 01-1197
		In particular, the UDRP only governs allegations by third party trademark holders asserting that a registrant has engaged in "cybersquatting." Under the UDRP, a registrant is "required to submit to a mandatory administrative proceeding in the event that a third party.
		The ability of the parties to a UDRP proceeding to seek independent resolution of the issues was part of the compromise codified in the UDRP.
		Since the UDRP cannot confer federal jurisdiction where none exists, the remaining question is whether Congress has, in fact, provided a cause of action to override UDRP decisions.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=01-1197.01A (6208 words)

	InterNIC \| FAQs on the UDRP
		The UDRP was adopted by ICANN on 26 August 1999.
		The UDRP does not apply to country-code top-level domains, except in a few cases where the local administrator has decided to adopt it.
		The UDRP also established an administrative procedure for speedy, low-cost resolution of a specific category of disputes: those arising from abusive, bad faith registrations of domain names.
	www.internic.net /faqs/udrp.html (630 words)

	UDRP Database
		Jeremy and Sal’s summer research contributed to the UDRP and expanded the resources available to those interested in domain name and trademark disputes.
		By applying the same standards and procedures to disputes that arise, and by having a neutral panelist decide the outcome, the UDRP is meant to assure parties that their points of view are heard and judged without bias in an efficient proceeding.
		The principal standard by which arbitral panels resolve these disputes under the UDRP is “bad faith.” The guidelines of the UDRP require the complainant (plaintiff) to establish three elements before bad faith can be established and the disputed domain be transferred to the complainant.
	www.nyls.edu /pages/1796.asp (1516 words)

	WIPO/UPD/2005/246: WIPO Offers New Tool for Analysis of UDRP Trends
		The UDRP, which was proposed by WIPO and has become accepted as an international standard for resolving domain name disputes, is designed specifically to discourage and resolve the abusive registration of trademarks as domain names.
		Under the UDRP, a complainant must demonstrate that the disputed domain is identical or confusingly similar to its trademark, that the respondent does not have a right or legitimate interest in the domain name and that the respondent registered and used the domain name in bad faith.
		However, with UDRP decisions covering a multitude of facts and arguments, it is hard to avoid genuine differences of opinion on some of the issues, all the more so in view of the fact that panelists and parties come from a multitude of jurisdictions.
	www.wipo.int /edocs/prdocs/en/2005/wipo_upd_2005_246.html (644 words)

	Wired News: ICANN't Believe That Domain Name
		UDRP was established as a cheap and quick alternative to lengthy court battles late last fall by the Internet Corporation for Assigned Names and Numbers, the Net's managing authority.
		Cabell, who taught a course on the UDRP this spring, said the new procedure is suffering from growing pains but could mature into a good system with the right improvements.
		In order to prevail using the UDRP, Cabell said a trademark owner must establish that the disputed domain is identical or confusingly similar to its trademark, that the domain holder has no legitimate interest in the domain, and that the domain was registered and used in bad faith.
	www.wired.com /news/politics/0,1283,37801,00.html (812 words)

	Domain Name Disputes - ICANN's Uniform Domain Name Dispute Resolution Policy
		Uniform Domain Name Dispute Resolution Policy (UDRP) is a policy adopted by ICANN that provides a mechanism for trademark owners to obtain domain names from "cybersquatters." All domain name registrars that have the power to grant.com,.net, and.org generic top-level domains must follow the UDRP.
		The UDRP provides that before a domain name registrar will cancel, suspend, or transfer a domain name that is the subject of a trademark-based dispute, it must have an agreement signed by the parties, a court order, or an arbitration award.
		All owners/registrants of all.com,.net and.org domain names are subject to the UDRP by virtue of: (i) the registration agreements agreed to with their registrars at the time of acquiring their domain names, or (ii) asking ICANN to maintain or renew a domain name registration.
	www.keytlaw.com /urls/udrp.htm (2368 words)

	SSRN-Whither the UDRP: Autonomous, Americanized or Cosmopolitan? by Laurence Helfer
		First, the UDRP might be made more autonomous in character, transforming it into a body of non-national rules and procedures distinct from any one nation's laws and largely insulated from review in national courts.
		Second, the UDRP might become more Americanized by interpreting its substantive rules in harmony with U.S. statutes and case law, and by funneling judicial challenges to panel decisions into U.S. courts.
		Third, the UDRP might be made more cosmopolitan, enhancing the influence of a diverse array of national laws and legal institutions and generating new modes of interaction among national and non-national legal systems.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=437182 (399 words)

	What the hell is UDRP? \| The Register
		The term UDRP frequently pops up in stories about ICANN, WIPO and domain disputes, so we figured it was time to give a simple rundown on what precisely it is, why it's important and why we dislike it.
		UDRP was drawn up to enable trademark holders to retrieve Internet domain names without having to go through a lengthy and expensive legal process.
		In short, the original UDRP was poorly drafted and enabled those arbitrators chosen to use it in domain dispute cases to subvert it to their finanical and reputational gain.
	www.theregister.co.uk /2001/10/04/what_the_hell_is_udrp (928 words)

	Intellectual Property Professional Information Center: UDRP Proceedings Are Not 'Arbitrations' Within Meaning of ... (Site not responding. Last check: 2007-10-22)
		The court concluded that a UDRP proceeding is not an arbitration within the meaning of the FAA because the UDRP clearly contemplates the possibility of judicial intervention to the extent that there is no bar to a party filing a lawsuit before, during, or after the proceeding.
		The UDRP was intended to ensure that the parties could seek independent judicial resolution of domain name disputes, regardless of whether its proceeding reached a conclusion.
		To shove Dluhos' square-peg UDRP proceeding into the round hole of the FAA would be to frustrate this aim, as judicial review of FAA-styled arbitration proceedings could be generously described only as extremely deferential.
	ipcenter.bna.com /pic2/ip.nsf/id/BNAP-5KA85L?OpenDocument&Click= (1110 words)

	udrp
		Two UDRP decisions, however, have found that a low price for the sale of a domain name evidences lack of a legitimate intent to use the name for bona fide purposes - thus this factor could cut against the domain name registrant whether the number is high or low.
		Note that in a challenge to the outcome of a UDRP proceeding, the trademark holder can not require the domain name holder to go to court in its jurisdiction even if the domain name holder might be subject to personal jurisdiction there.
		The first decision decided under the UDRP - a dispute over worldwrestlingfederation.com - points out that a trademark holder must show not only that the domain name was registered in bad faith, but also that the domain name is being used in bad faith.
	cyber.law.harvard.edu /property00/domain/udrp.html (1690 words)

	About UDRP Wizard (Site not responding. Last check: 2007-10-22)
		Answering these questions provides the UDRP Wizard with enough information to determine whether a particular domain could be transferred under the policies of the UDRP and the precedent established by the existing body of UDRP cases, and why or why not.
		UDRP Wizard only works for cases where the disputed mark is a registered trademark; it doesn't attempt to take into account the possibility of "common-law trademarks", such as geographic/place names or personal names.
		UDRP Wizard was written by Matthew Sachs as a term project for LGLS 150a: Law and Society in Cyberspace, taught Spring 2004 at Brandeis University by Ethan Katsh.
	www.zevils.com /programs/udrpwiz/index.html (316 words)

	Delux UDRP discussion
		The most common error in receiving to a UDRP complaint is to not respond.
		Because of the naiveté of it's authors, it's immaturity and the idiocy of much of the body of precedent so far established, it is being used to leverage the resources of a large company to steal the property of small companies or individuals.
		This is not intended to replace the value you would gain by reading the UDRP yourself, but rather to quickly familiarize you with the gist of the UDRP.
	www.delux.com /UDRP (454 words)

	CPT's Page of Selected Domain Name Disputes
		In a dispute involving two competing astrological consulting services a UDRP proceeding the National Arbitration Forum panel ruled that though the domain name was confusingly similar to the complainants trademark the respondent had a legitimate interest in the name on the grounds that "astrocartography" is a generic term.
		For a UDRP panel to transfer a domain name it must be identical or confusingly similar to the trademark, not merely contain the trademark.
		The UDRP panel ruled that the domain name was to be retained, citing legitimate interest on the part of the respondent.
	www.cptech.org /ecom/icann/domaindisputes/domaindisputes.html (4011 words)

	ICANNWatch: Juries and the UDRP
		The UDRP relies on a system of private arbitration to apply this rule to particular cases; trademark holders can submit claims under the UDRP to arbitration panels, chosen from a list of ICANN-approved dispute resolution service providers, for a decision about whether or not those three conditions have been satisfied in any particular case.
		In the nine months since this process was put in place, over 2000 cases have been submitted to UDRP panels and over 1500 decisions handed down; with the filing rate steadily increasing, the dispute pipeline may well have three or four thousand cases in it by the end of this calendar year.
		The UDRP, though, is just the opening wedge, the first step in what will likely be a long journey towards the design of the new set of legal institutions that will be setting rules and creating a degree of order for the global network.
	www.icannwatch.org /archive/juries_and_the_udrp.htm (2137 words)

	Chilling Effects Clearinghouse: UDRP
		The UDRP Policy explains what trademark owners have to prove in order to take a domain name away from the holder, as well as what domain name holders can use to show that they should be allowed to keep the domain registration.
		The UDRP Rules outline the actual process for filing a complaint (if you are a trademark owner) and for responding to a complaint (if you are the domain name holder).
		The Policy and the Rules also explain some of the basics of the proceedings, such as how to chose a Provider, how Panels make their decisions, how the parties are notified of the outcome, what language will be used in the proceeding, the availability and effect of court proceedings, and the types of remedies available.
	www.chillingeffects.org /udrp (344 words)

	WIPO Offers New Tool for Analysis of UDRP Trends (Site not responding. Last check: 2007-10-22)
		The UDRP, which was proposed by WIPO and has become accepted as an international standard for resolving domain name disputes, is designed specifically to discourage and resolve the abusive registration of trademarks as domain names.
		Under the UDRP, a complainant must demonstrate that the disputed domain is identical or confusingly similar to its trademark, that the respondent does not have a right or legitimate interest in the domain name and that the respondent registered and used the domain name in bad faith.
		However, with UDRP decisions covering a multitude of facts and arguments, it is hard to avoid genuine differences of opinion on some of the issues, all the more so in view of the fact that panelists and parties come from a multitude of jurisdictions.
	www.cafeforums.com /printtemplate.asp?id=2429 (653 words)

	Boalt.org: UDRP Policy and Procedure Guide (Site not responding. Last check: 2007-10-22)
		Essentially, this provision of the UDRP, outlaws speculation in domain names in most cases where the domain name or something similar to it, is already used as a Complainant's trade-mark.
		The application of the UDRP becomes difficult when a disputed domain name is similar, even identical to a Complainant's trade-mark, but the domain name is generic.
		The UDRP is intended to prevent trademark owners from being extorted by cybersquatters, but it is also intended to protect legitimate registrations from being threatened by overreaching trademark owners.
	www.boalt.org /UDRP/UDRP-policy-guide.html (2866 words)

	Boalt.org: Uniform Domain Dispute Resolution Process (UDRP) (Site not responding. Last check: 2007-10-22)
		Today, the UDRP is the trademark holder's first punch -- the prelude to a court battle.
		With more than 80% of UDRP cases resulting in transfer of the disputed domain from the registrant to the trademark holder, free speech and trademark fair use are threatened on the Net.
		With few legal research tools available for the UDRP, DNLR's volunteer editorial staff is fulfilling a much needed service by providing free access to UDRP case summaries.
	www.boalt.org /UDRP (626 words)

	UDRP & Cybersquatting » UDRP & Cybersquatting (Site not responding. Last check: 2007-10-22)
		UDRP is a dispute-resolution mechanism offering a cost-effective way for trademark owners to recover already-registered domain names that infringe on their rights.
		The reason why a UDRP proceeding is normally more attractive than a regular lawsuit, is that it is fast, simple, and inexpensive.
		Normally, the timeline for the UDRP procedure is substantially shorter than any court proceeding.
	www.domainstatute.com (202 words)

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