CYBERLAW CLASS 14

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CYBERLAW CLASS 14

• Regulating Domain Name Disputes ICANN and the
  International System
• Oct. 15, 2002

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Domain Names

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

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Domain Names

• Domain names, such as http//www.law.cua.edu
• 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 192.91.247.53)
• 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?

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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.
• ICANNs 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. 2003. Was this
  wrong?

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Cybersquatting

• What is cybersquatting? 

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Genesis of ICANNs 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.

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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.

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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)