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WIPO’s UDRP market share lead narrows

Kevin Murphy, April 13, 2010, Domain Policy

The number of UDRP cases filed with the National Arbitration Forum dipped slightly last year, according to NAF numbers released today.
The organization said it received 1,759 filings last year, compared to 1,770 in 2008. Only 1,333 of the cases were actually heard; the others were dropped or settled.
While that’s a decline for NAF, it’s not quite as steep as the almost 10% drop experienced by rival arbitrator WIPO over the same period.
That said, WIPO is still the primary choice of companies trying to enforce their trademarks in the domain name system, saying last month that it received 2,107 complaints in 2009.
It was also the year of big multi-domain cases for both outfits.
WIPO handed 1,542 domains to Inter-Continental Hotels in a single case, while NAF transferred a relatively modest 1,017 domains to ConsumerInfo.com.

Richard Dawkins files UDRP claim for richarddawkins.com?

Kevin Murphy, April 8, 2010, Domain Policy

Biologist Richard Dawkins, perhaps the planet’s most famous and controversial atheist, has apparently filed a UDRP claim for richarddawkins.com.
The domain, which is down, is registered to a New Jersey address. For the last 10 years, up until at least a week ago, it has sold Dawkins’ books via Amazon’s affiliate program.
The UDRP case was filed with the National Arbitration Forum yesterday. The parties to the case are not yet listed.
Dawkins’ official web site is hosted at richarddawkins.net.
Interestingly, richarddawkins.org is owned by the loopy creationist group Access Research Network. ARN’s page incorrectly points visitors to richarddawkins.com if they want the “official” site.
Dawkins may have a struggle on his hands. Celebrity cybersquatting cases are rarely straightforward, and he may have trouble proving both trademark rights and bad faith.
Better knock on wood, Richard.

Deloitte brand list encourages UDRP claims

Kevin Murphy, March 31, 2010, Domain Policy

The number of UDRP claims a company files will help it qualify for a list of 100 brands that qualify for special protection in new gTLD launches.
Deloitte’s new brand list, expected to be published within a week, was created in response to ICANN’s call for a “globally protected marks list” or GPML, that new gTLDs can use in their sunrise periods.
The number of times a brand has been subject to a UDRP complaint is one of four criteria Deloitte is using for inclusion on the list.
.CO Internet, manager of the newly relaunched .co ccTLD, is already using the list in its sunrise period, referring to it as a “Specially Protected Marks” list.
Deloitte is more cautious, pointing out that while it was designed to fulfil some of the objectives of the ICANN GPML, it is not “the” GPML.
The company says: “the list published by Deloitte specifically intends to provide a fair view on which brands stand out in the safeguarding and enforcement of rights in the context of domain names.”
To make it onto the list, brands are assessed on these criteria: the web site’s ranking, the number of trademarks registered worldwide, whether the brand has participated in a previous sunrise, and how often the brand is cybersquatted.
For this last criterion: “Deloitte has reviewed in particular how many times a certain trademark has been invoked in the context of domain name dispute resolution proceedings, in particular in UDRP.”

Apple secures iPad trademark

Kevin Murphy, March 29, 2010, Gossip

Apple has bought the “iPad” trademark, as it relates to handheld computers, from Fujitsu.
The deal removes any doubt, if there ever was any, that anybody registering domain names containing the string had better unload them quickly or get lawyered up.
According to PatentAuthority.com, the US trademark on iPad was transferred to Apple on March 17. Details of the deal were not disclosed.
Fujitsu filed for the trademark several years ago to cover its line of handheld retail devices.
You may recall that a music producer made headlines last week for attempting to sell the domain ipaddownloads.com and others for $1 million on eBay.

WIPO wants tougher cybersquatting rules on new gTLDs

Kevin Murphy, March 29, 2010, Domain Registries

The World Intellectual Property Organization reckons ICANN should toughen its stance against new gTLD registries that allow cybersquatting.
The “trademark post-delegation dispute resolution procedure” or Trademark PDDRP would let trademark holders try to suspend new TLDs and receive compensation when a registry allows cybersquatting.
WIPO wants the burden of proof on trademark holders relaxed, making it much easier to file complaints.
Currently, the draft process would require complainants to show registries’ “specific bad faith intent” to profit from cybersquatting.
WIPO thinks this should be broadened to include deliberate recklessness.
“In seeking to give meaning to ‘intent,’ the criteria should, without as such imposing or implying any sweeping registry policing duty, also encompass instances of willful blindness,” WIPO wrote.
The comments came in response to ICANN’s public comment period on the process, which closes on Thursday.

Gossip: DNS incest T-shirts, etc…

Kevin Murphy, March 2, 2010, Gossip

Eight domain name stories I would loved to have looked into in more detail today: