Lex 8256: The Law in Cyberspace Seminar

The Uniform Dispute Resolution Policy

ICANN promulgated the UDRP, or Uniform Dispute Resolution Policy, as a mandatory (for domain-name registrants) process to cover cases in which a trademark owner claimed that the the domain registrant was invading its rights in the trademark string. The problem of how to deal with trademarks and domain names isn't susceptible of an easy solution; read Prof. Litman's essay The DNS Wars: Trademarks and the Internet Domain Name System to see why. Read the UDRP Policy and Rules to see what answer ICANN came up with.

Thousands of cases have been decided under the UDRP over the past three years; take a look at Whizzinator.com, Tata Sons Limited v. D & V Enterprises and Women on Waves Foundation v. Chris Hoffman. Then look at these two critical analyses:

Michael Geist, Fair.com?: An Examination of the Allegations of Systemic Unfairness in the ICANN UDRP; and
Milton Mueller, Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN’s UDRP.

Now surf to UDRPlaw.net and look around.

Should the UDRP be reformed? Is it necessary in the first place? (Why can't trademark owners simply bring trademark-law suits in national courts if they feel their rights are being violated?) Be ready to make a proposal.