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Fair Domain-Dispute Arbitration Firm Quits the Business

Posted by michael on from the cheaters-prosper dept.

fwc writes: "According to this Newsbytes story, EResolution has decided to quit the Domain Name Dispute-Resolution business because its reputation for being fair has driven away its potential customers - the trademark holders who are filing the complaints. Apparently (and understandably) the trademark holders prefer to use those arbitrators who find for the trademark holder most of the time. Perhaps it is time for ICANN to rethink their policy."

3 of 98 comments (clear)

  1. WHAT?! by The+Smith · · Score: 5, Insightful
    From the article:
    The firm, one of four accredited under ICANN's Uniform Domain-Name Dispute Resolution Policy (UDRP), said that the policy under which those filing complaints get to choose the arbitrator encourages businesses to seek out the referee they believe is most likely to see domain-name holders as cybersquatters. [my emphasis]
    I don't believe it: the plaintiff actually gets to choose which arbitrator will try the case, and the defendant has no say! This is like the MPAA being allowed to select which `justice' they want to try their court cases.

    Hey, wait a minute...

  2. Problem with the arbitration system by fhwang · · Score: 5, Insightful

    The biggest problem is that under ICANN rules, only the person filing the complaint has any say as to which arbitrator is selected. The person defending against the complaint has no power whatsoever in deciding who the arbitrator is. So the complainant will pick an arbitrator with a history of favoring complainants.

    Well, duh. Of course if you give only one side the ability to choose the adjudicator, then the odds will be completely skewed. A sixth-grader could design a more fair system.

    --

    Do domain names matter?

  3. Comment removed by account_deleted · · Score: 5, Funny

    Comment removed based on user account deletion