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    Sharp Increase In Internet Domain Name Disputes Last Year, WIPO Says

    Published on 13 March 2007 @ 3:54 pm

    Intellectual Property Watch

    By Stephen Flug for Intellectual Property Watch
    The World Intellectual Property Organization (WIPO) said there was a 25 percent increase in “cybersquatting” complaints – the registering and use of domain names to profit from another party’s trademark – last year compared with the previous year, making this the highest number of cases since 2000.

    A total of 1,823 cybersquatting complaints were filed in 2006. These cover disputes over generic top level domains, such as .com or .net, and country code top level domains, such as .ch (Switzerland) or .fr (France). Cases most commonly involve parties from the United States, although an overall 137 countries were represented last year, WIPO said.

    “Domain names used to be primarily specific identifiers of businesses and other Internet users, but many names nowadays are mere commodities for speculative gain,” Francis Gurry, WIPO deputy director general, said in a release. With rapid change making it difficult for trademark owners to pursue cybersquatters, Gurry suggested a need for consideration of “concrete policy responses.”

    WIPO cited the “evolution” of the domain name registration system – which is creating ample opportunities for the anonymous registration of names without regard to potential intellectual property rights of third parties – as the main cause for the 25 percent increase over 2005.

    Complaints are filed and settled under the Uniform Domain Name Dispute Resolution Policy (UDRP), which was established as an arbitration wing under WIPO in December 1999. In the past, the UDRP process has succeeded in preventing and reducing the number of people registering domain names with the intention of selling them to third parties, WIPO said. Of the more than 9,000 UDRP cases involving generic top level domains received by WIPO so far, 84 percent of complaints resulted in a transfer of the domain name to the complainant.

    Reasons for the increase include a major new practice by cybersquatters called “domain name tasting,” along with intense speculation such as following newsworthy events, the growth of newer domain names (such as .info), and the spread of new registrars (domain name retailers), WIPO said.

    “Domain name tasting” involves an individual or entity registering a domain for a free five-day period and placing it on a pay-per-click website that has an index of other related sites. These cybersquatters register scores of similar website addresses (for example, with a typo), which generates revenue, and they continuously find new sites after these five-day trial periods expire. New computer software allows this to occur automatically. WIPO has tried to curb this practice through a panel decision issued in February 2006 which established liability where this automation process fails to protect third-party rights.

    A recent example of WIPO ruling against domain name tasting is the 27 February 2007 decision against Philana Dhimkana (India). In this complaint, WIPO decided that in registering the domain name “boehringeringelheimpharmaceuticals.com” as a listing for other health sites, Dhimkana acted in bad faith by misusing the trademark of German pharmaceutical company Boehringer Ingelheim Pharma. The website was immediately ordered to be transferred over to the complainant.

    WIPO said many disputes were filed over current events issues, like potential mergers or the release of new medications. This was especially apparent with the release of the avian flu treatment, Tamiflu, which led to the filing of 34 complaints covering 64 domain names.

    Dispute categories mainly include luxury items, famous persons, entertainment, hospitality, sports, gambling, and pharmaceuticals, WIPO said.

    Tove Iren S. Gerhardsen contributed to this story.

    Stephen Flug may be reached at info@ip-watch.ch.

     

    Comments

    1. Jordan says:

      We need more of this unbiased journalism on the web.


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.