In this section, we'll consider
two recent developments in the domain names and trademarks dispute:
(1) the creation of the uniform ICANN dispute resolution policy;
and (2) the new US Law banning "cyberpiracy".
ICANN: The Dispute Resolution Policy
In this section, we'll consider
the ICANN "Uniform Dispute Resolution Policy" (UDRP).
ICANN
Uniform Dispute Resolution Policy
WIPO
Arbitration Statistics
Study
Claims UDRP Decisionmaking Process Is Unfairly Biased in Favor
of Complainants,
6 Electronic Commerce & Law Report (BNA) 33 (Aug. 22, 2001).
David
Post, Governing Cyberspace: Where is James Madison when we
need him? IcannWatch.org, June 1999.
ICANN Arbitration Decisions
Note: these cases are most
easily and quickly read by skimming the text until you reach a section
entitled "Discussion and Findings" or "Findings"):
telestra.org
crew.com
juliaroberts.com
geociities.com
walmartsucks.com
walmartcanadasucks.com
Can you discern any pattern to these cases? How
do they compare to the Federal Trademark Law decisions?
Congressional Reaction: "Cyberpiracy
Prevention"
On November 29, 1999, President
Clinton signed into law the "Anticybersquatting Consumer Protection
Act" (ACPA). This law adds section 1125(d) to title 15 of the United
States Code.
Read the new section here:
15
U.S.C. 1125(d) (Supp. 2000)
Read the following cases interpreting
and applying the new statute:
Northland
Insurance v. Blaylock, 115 F. Supp. 2d 1108 (D. Minn. 2000)
(pdf, 24 kb, edited)
People
for the Ethical Treatment of Animals v. Doughney,
2001 U.S. App. LEXIS 19028 (4th Cir., Aug. 23, 2001). (pdf,
24 kb, edited)
What does "bad faith" mean in this
context?
[ notes
]
[ pageprints
]