INTERNET DOMAIN NAMES: THE UNIFORM DISPUTE RESOLUTION POLICY

The explosive growth in electronic commerce over the past decade has generated thousands of legal disputes regarding the registration and use of Internet domain names. In an effort to resolve such disputes in a relatively inexpensive and expeditious manner, the Internet Corporation of Assigned Names...

Full description

Saved in:
Bibliographic Details
Published in:American business law journal 2003-06, Vol.40 (4), p.885-904
Main Authors: Samuels, Jeffrey M., Samuels, Linda B.
Format: Article
Language:English
Subjects:
Alternative dispute resolution
Disputes
Electronic commerce
Intellectual property
Internet
Litigation
Registration
Service marks
Studies
Trademarks
URLs
Citations: Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The explosive growth in electronic commerce over the past decade has generated thousands of legal disputes regarding the registration and use of Internet domain names. In an effort to resolve such disputes in a relatively inexpensive and expeditious manner, the Internet Corporation of Assigned Names and Numbers, usually referred to as "ICANN," in 1999, instituted the Uniform Dispute Resolution Policy, or "UDRP." This article will explain how the conflict between domain names and trademarks arose, trace the UDRP's development, explain the process for resolving domain name disputes, and highlight some current issues under the UDRP. By providing a quick and relatively inexpensive means to resolve clear-cut cases of cybersquatting, the UDRP serves a useful function. However, the UDRP needs to be revisited in an effort to clarify certain issues, including the analysis of "confusing similarity" and "noncommercial use," particularly in the context of derogatory-type domain names.
ISSN:0002-7766
1744-1714
DOI:10.1111/j.1744-1714.2003.tb00312.x