CYBERLAW CLASS 14 Regulating Domain Name Disputes – ICANN and the International System Oct. 15, 2002

Domain Names What is a domain name? What is an example of a domain name? How important are domain names to international trade?

Domain Names Domain names, such as are human-friendly forms of Internet addresses. They are designed to serve the function of enabling human users to identify and recognize computers in an easy manner without having to remember the numeric IP addresses computers use (such as ) Domain names have also become significant as business identifiers. Thus, domain names clash with the existing trademark system and have given rise to significant IPR challenges and policy issues because domain name system is essentially global, whereas IPRs are exerciseable only in a particular territory. Domain Name System- are there enough TLDs?

ICANN ICANN is an acronym for the Internet Corporation for Assigned Names and Numbers. A private non-profit corporation based in Marina del Rey, California, ICANN has the task of managing the domain name system. ICANN’s legitimacy to do this has been questioned, and the organization has been frequently attacked for being undemocratic as well as providing inadequate representation for much of the world. In Sept. 2002, US Commerce Dept extended its agreement with ICANN until Sept Was this wrong?

Cybersquatting What is cybersquatting?

Genesis of ICANN’s Dispute Resolution Policy U.S. Government 1998 White Paper that resulted in the formation of ICANN also provided that the U.S. Government would ask WIPO to develop recommendations for an international cybersquatting dispute resolution policy. WIPO was to use a procedure that would take into account the views of international trademark holders and Internet users. In 1999, WIPO advised that ICANN should establish a dispute-resolution policy providing for a global, inexpensive, and quick arbitration procedure for domain name disputes. ICANN set up such a dispute resolution policy.

Uniform Dispute Resolution Policy If a TM holder believes that a domain name registration infringes on its trademark rights, it can institute a proceeding under the UDRP Under the standard dispute resolution terms of Terms and Conditions of registration agrement of accredited registrars, domain name registrants must submit to such proceeding.

UDRP Proceeding Complaint must specify domain name, holder of name, registrar where registered and grounds for complaint. Result – domain name is transferred or complaint denied and respondent keeps domain name. Alternatively, complainant can seek cancellation of domain name registration. No monetary damages or injunctive relief will be awarded under UDRP Registrar must implement after 10 days unless appealed to court (rare)