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Going after Cybersquatting: increase in UDRP cases

März 31st, 2011 · 1 Comment · Domainrecht / law, Markenführung / brand mgmt

The WIPO Arbitration and Mediation Center released a report of 2010

In 2010, trademark holders filed 2,696 cybersquatting cases covering 4,370 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 28% over the 2009 level and of 16% over the previous record year, 2008.

Since the UDRP’s launch in December 1999, the WIPO Center has received over 20,000 UDRP-based cases, covering some 35,000 domain names in both generic and country code Top Level Domains (gTLDs and ccTLDs). Cases filed with WIPO in 2010 included parties from 57 countries. These cases were decided by 327 panelists from 49 countries in 13 different languages, namely (in order of frequency) English, Spanish, French, Dutch, German, Chinese, Korean, Portuguese, Italian, Turkish, Romanian, Swedish, and Japanese. In 91% of cases, panels found evidence of cybersquatting, deciding in favor of complainants.

Among WIPO cases, the percentage related to country code Top Level Domains (ccTLD) rose to 15% of all cases in 2010 from just 1% in 2000.

Against the background of the global emergence of domain names in local language scripts, as of October 2010, the WIPO Center is providing domain name dispute resolution services for both .AE and امارات. (dotEmarat).

New Generic Top Level Domains
Building on the UDRP experience, the WIPO Center continues to provide trademark-based domain name policy input to ICANN stakeholders. WIPO’s institutional commitment to cost- and time-effective domain name dispute resolution is found in its proposals for a rapid suspension mechanism (in ICANN terms, “URS”) addressing registrants and for pre- and post-delegation procedures addressing registration authorities. The post-delegation proposal was made to encourage responsible registry operator conduct through standards coupled with realistic safe harbors. The WIPO Center believes that alternative dispute resolution can be an important tool for enhancing business and user confidence in Internet platforms.

The complete press release including charts can be found on the WIPO website.

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