About
Domain Name Disputes
The
explosive growth of the Internet has resulted in a dramatic increase
in the importance of domain names in the conduct of business. Businesses
have traditionally developed brand name recognition of their products
and services by the use of trademarks and service marks. As domain
names have, in many ways, become the equivalent of a company name
and address for Internet commerce, there has been increasing competition
for the limited number of available domain names. Domain name disputes
have, therefore, resulted from this competition.
The
authority and responsibility for the registration and maintenance
of domain names has changed over the years as the governance of
these Internet issues has evolved. The current arrangement is that
The Internet Corporation for Assigned Names and Numbers (ICANN)
has centralized authority. Numerous registrars around the world
have been granted authority by ICANN to register domain names. Other
organizations are similarly granted authority to maintain the databases
of domain names and information about the individuals and organizations
that have registered the domain names.
Domain names are divided into hierarchies. The top level of the
hierarchy is the portion of the domain name that follows the last
dot in the domain name. Various countries have been allocated various
top level domain names. For example .uk designates the United Kingdom
and .fr designates France as the corresponding jurisdictions for
the registration and maintenance of the domain names with these
suffixes. Each governing body for the various top level domain names
has the authority to establish distinctive rules to govern the registration
of domain names with its corresponding top level domain name suffix.
Although individuals and businesses based in particular countries
are not limited to the registration of only the top level domain
names which have been assigned to their country, a registrant must
comply with the rules of the jurisdiction that governs the top level
domain name that is being registered. For example, a company based
in the United States can register a domain name ending in .fr, but
the rules of the registrars of .fr domain names must be followed.
Since
much of the initial growth of Internet usage has taken place in
the United States, the top level domain names assigned to United
States registrars have been among the most popular (ie., .com, .net,
.org, .info & .biz). Although the first three suffixes were
initially intended for use by particular types of organizations
(.com for commercial enterprises, .net for Internet service providers
and .org for nonprofit organizations) a particular type of company
is not limited to the registration or use of its respective top
level domain name suffix.
For
a considerable period of time, Network Solutions, Inc. had the authority
to both register and maintain the database of the top level domain
names .com, .net, and .org. More recently, authority has been granted
to a number of other organizations to be the registrars of these
domain names. Since the central database can only effectively be
maintained by one organization, Network Solutions, Inc. has the
continuing authority to maintain the central database repository
of information. Therefore, lawsuits in court cases are usually litigated
in the jurisdiction of Network Solutions - where this law firm practices.
As
increasing numbers of businesses and individuals have been registering
domain names to establish their internet names and addresses,
there has been increasing competition for the few available domain
names that may be similar to a particular company name or product.
Furthermore, some individuals and companies have registered numerous
domain names which are identical to the trademarks or company names
of unrelated organizations. Commonly known as cybersquatters, these
individuals and organizations may then actively or passively offer
the domain names for sale to the company with the corresponding
company name or trademark. Disputes about the domain names have,
therefore, been the result of this competition for these valuable
internet addresses.
Domain
name disputes are handled differently in the various jurisdictions
that have authority for various top level domain names. Since the
most popular top level domain names are .com, .net, .org, .info
& .biz, the domain name dispute resolution policies for these
suffixes will be discussed here.
As
of January 1, 2000 a new Uniform Domain Name Dispute Resolution
Procedure (UDRP) was adopted for domain name addresses ending in
.com, .net and .org. Three arbitration organizations have been given
the authority to make determinations regarding domain name disputes.
They are as follows: (1) The World Intellectual Property Organization,
(2) The National Arbitration Forum, (3) eResolution (4) CPR Institute
for Dispute Resolution. If one of these organizations makes a determination
regarding a domain name dispute, Network Solutions will respect
the decision and will transfer the registration of the disputed
domain name in accordance with the arbitration determination. The
reason for the cooperation of Network Solutions in transferring
the domain name is that there are contractual agreements by which
the registrant of a domain name agrees that the domain name can
be transferred in accordance with a UDRP decision.
There
are complex policies, rules, and procedures that govern the submissions,
presentations, and arguments that each party to a dispute may present.
In addition to a core set of policies, rules, and procedures that
are set forth in an ICANN document entitled Rules for Uniform
Domain Name Dispute Resolution Policy there are also additional
sets of supplemental policies, rules, and procedures that must be
followed as a part of the arbitration process for each of the authorized
arbitration organization.
Subsequent
to the implementation of these domain name dispute resolution procedures
as of January 1, 2000, there have been a number of decisions promulgated
by each of the arbitration organizations. The proceedings of each
of these arbitration organizations have been carefully followed
and studied by this law firm. As a result of this study of the precedent
decisions, we have concluded that it is most effective to use different
arguments and different presentations before each of the arbitration
organizations. Consequently, it is important for us to use different
arguments and different presentations before each of the arbitration
organizations.
In
addition to the resolution of disputes by the submission of the
disputes in accordance with the Rules for Uniform Domain Name Dispute
Resolution Policy, lawsuits and legal actions in the United States
court system can also be initiated. We have studied the numerous
court decisions have been issued by the judges in lawsuits regarding
domain name disputes. For some types of disputes, it is more advantageous
to begin a lawsuit through the judicial system rather than to arbitrate
in accordance with the rules of the Uniform Domain Name Dispute
Resolution Policy. Furthermore, a court can grant an injunction
to require an immediate action with respect to a particular domain
name. Courts can also grant monetary damages and enforce the provisions
of the recently enacted anti-cybersquatting legislation. The court
in which most domain name disputes have been litigated is the federal
district court with jurisdiction over Network Solutions, Inc, the
organization which maintains the domain name database - in which
this law firm practices.
The
facts and circumstances of each domain name dispute should be carefully
examined in order to determine the most advantageous course of action
to resolve the particular disputes. Some arguments are more effective
before some arbitrators than they are before other arbitrators.
Various remedies are also available if legal action is initiated
in particular courts.
As
a specialist law firm dealing with domain name disputes, we have
developed considerable expertise. This expertise can provide you
with the assurance that your case will be handled in a manner that
will optimize the results for you and your company. We can carefully
review your domain name dispute, recommend the most advantageous
course of action and pursue the most appropriate course of action
on your behalf.
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