Rethinking Domain Name Disputes Resolution in the Era of New gTLDs: Notable Procedural Issues in UDRP

On the 18 January 2014, the Malaysian branch of the Asian Domain Name Dispute Resolution Center (ADNDRC) held a conference entitled “Rethinking Domain Name Disputes Resolution in the Era of newgTLDs”.

Summary of the presentation. − Fifteen years after the UDRP was adopted, there has been an unprecedented increase of domain names resources. ICANN is in the process of liberalizing the creation of new top-level domains. Furthermore, new technologies now allow the registration of internationalized domain names (IDNs). Resources will soon be almost endless and extremely varied (new TLDs + IDNs + IPV6). At the same time, one can question the effectiveness of the UDRP in achieving its goal: fighting cybersquatting. Indeed, in 70% of WIPO cases, disputed domain names are transferred to the claimant. An analysis of the UDRP case law and similar rules shows that the whole system has already evolved, thanks to the UDRP panelists (consolidation, re-filing, etc.) and the ccTLDs registries (mediation, appeal, reimbursement of legal fees, arbitration, etc.). However, good ideas are scattered like pieces of a puzzle. The whole system could be improved by i) giving Lady Justice the sword she is missing in domain names dispute resolution proceedings and ii) gathering all the good ideas together.

Some of the arguments shared in this presentation are available in the following article: Emmanuel GILLET, “Procédures extrajudiciaires de règlement des litiges relatifs aux noms de domaine : quelles perspectives pour l’arbitrage ?”, Versailles International Business Law Review, 2013, No. 4, pp. 145-168.

Emmanuel Gillet, Ph.D. in Law