The Broken Record: Domain Name Disputes

Posted March 24th, 2009

By Doug Isenberg
 The GigaLaw Firm

For the second consecutive year, the World Intellectual Property Organization (WIPO) has ANNOUNCED a record level of activity relating to domain name disputes, with 2,329 complaints being filed in 2008 under the Uniform Domain Name Dispute Resolution Policy (UDRP).  The figure represents an eight percent increase over the previous record year in 2007.

(The National Arbitration Forum (NAF) REPORTED that a total of 1,770 cases were filed in its domain name dispute resolution program in 2008, but NAF does not indicate whether its caseload was busier than past years, and NAF statistics are not readily available.)


The increase in cybersquatting cases tracks the increase in domain name registrations, which now total 177 million, according to VeriSign’s latest Domain Name Industry Brief. See more HERE.  While the recession may be taking a toll on the so-called “domaining” industry, trademark owners are still under constant attack from unscrupulous players, including what seem to be an increasing number of registrars that appear to be aiding cybersquatters. See more HERE. For example, in one recent UDRP decision, WIPO Case No. D2008-1675, the panel discussed a number of “important issue[s] so far as the conduct of the Registrar is concerned” and urged WIPO to “to bring the contents of this decision to the attention of ICANN.”

As if the current cybersquatting problem isn’t large enough, ICANN’s forthcoming expansion of the number of top-level domains will only lead to more attempts to blackmail trademark owners, trade on their goodwill and mislead the public – something I have heard no one deny. See more HERE. While ICANN appears to be listening (if not yet acting upon) concerns from trademark owners, the new TLD process is nevertheless moving forward, with many expecting between 50 and 500 applications to create and operate new TLDs. More HERE. No wonder Forbes magazine has warned us to “Prepare for chaos.” More HERE.

Despite the ongoing trademark problems online, brand owners should not be totally discouraged.  Fortunately, the UDRP seems to be working well, as WIPO’s STATISTICS indicate that 83.87% percent of cases decided since the UDRP went into effect 10 years ago have resulted in a domain name transfer; and, in 2008, the figure reached 85.03%.  Plus, WIPO is trying to convince ICANN to adopt policies and procedures to protect trademark rights in the new TLD process. See more HERE.

With so much misleading activity on the Internet, trademark owners are faced with the daunting but essential task of continuing to monitor their brands and enforce their rights to protect their intellectual property as well as their customers online.  The viability of the Internet depends upon it.

Disclaimer: Isenberg represented the Complainant, Western Union, in the UDRP decision cited in this post.

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Posted in Enforcement, ICANN, UDRP, WIPO, gTLDS by Doug Isenberg