The UDRP: Is It Un-Fair.com?

typecast writes "A study of more than 3,000 UDRP decisions by a Canadian law prof. suggests that ICANN's domain-dispute resolution process may be even more unfair than Slashdot types already believe. This article says the study confirms organizations such as WIPO and the National Arbitration Forum decide most cases in favor of trademark holders. But it also says it's clear that individual arbitrators with strong "anti-cybersquatting" records are the ones most likely to be handed UDRP cases. A copy of the study and a minimal database of UDRP-panelist stats can be found at Geist's own UDRPInfo Web site."

Comments

Re:Devil's Advocat

[kurowski]

I don't get your argument. It seems that since the Internet is global, and laws aren't, then there shouldn't be an international organization with this sort of power, since the copyright laws that are being enforced aren't globally applicable. No?

Re:Logic bombs away!

[dschuetz]

"A guy named Joe Toledo bought the domain ford.com and now the car manufacturer wants it, who do you think should have it?" I'd be inclined to side with Ford. Because Ford has a trademark....

Yeah, so?

A trademark, if I recall correctly, is only supposed to protect a certain range of products within that product's "sphere." So it's perfectly legal to sell a pen called "Ford Pens", and you're not trampling on any trademark.

Plus, why do you even need to have a use for a name? Domain names are commodities. If you bought it first, and Ford missed the boat, well, tough luck for them. You've got it, they don't.

If you're deliberately deceiving pepole, trying to *look* like some other site, okay, that's a problem with look-and-feel, trade-dress sort of laws. But if I wanted to put my family website at, say, OfficeXP.com, then dammit, I should be allowed to do that.

My biggest worry is that the same .com crap is going to happen with .info, .biz, and all the other new TLDs. We saw EXACTLY this same thing happen when they added new toll-free prefixes in the US -- American Express tried suing to guarantee that they got 888-the-card, to match their 800-the-card. And so forth.

Dammit, when will people get it through their heads that you cannot own domain names for EVERY variant on EVERY product or trademark you own? It's just not possible, and it's just not fair.

Grr.

Sorry, this is something that's been bugging me for a while. Gotta cut back on the caffeine...

Is anyone surprised?

[webmaven]

I find it incredible that anyone is surprised that when complainants are give the choice of arbitrator, that they would choose arbitrators who have decided for the complainant more often.

Thus, there is a built-in incentive for arbitrators to decide for complainants rather than respondents.

Similarly, the US correctional system (which is run by for-profit corporations), has an incentive to make the situation worse rather than better, with the unfortunate result of these corporations funneling money to 'tough on crime' political candidates, and creating the 'war on some drugs' to incarcerate the perpetrators of victimless crimes.

These are examples of elementary positive feedback loops, and no-one should be surprised at the results.