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| How to Resolve Domain Name Disputes and Possible Solutions for the Future | |||
| Part III:
Domain Name Resolution Currently when a domain name dispute arises there are four accredited dispute resolution providers approved by the Internet Corporation for Assigned Names and Numbers (ICANN). The ICANN is a non-profit corporation which controlled various assignments on the Internet from IP address allocation to domain name management. The ICANN website has a wealth of information about who are the accredited registrars to register domain names and where to go to settle domain name disputes. Although the ICANN does not handle dispute resolution, it does accredit the organizations which do. The ICANN has enacted the Uniform Domain-Name Dispute-Resolution Policy (UDRP) which is used to file a complaint to an accredited dispute resolution provider. In this policy, the ICANN takes a "leave us out of this" type stance by stating that customers are responsible to see if a Domain Name infringes upon another's rights/trademark. All accredited dispute resolution providers follow the ICANN's Rules for the Uniform Domain-Name Dipsute-Resolution Policy. However, it is important to look at the different dispute resolution providers' policies as they have also implemented their own supplemental rules. To date, there are only four approved dispute resolution providers. These include: CPR Institute for Dispute Resolution (CPR) http://www.cpradr.org/ICANN_Menu.htm Disputes.org/eResolution Consortium (DeC) http://www.eresolution.ca/services/dnd/arb.htm The National Arbitration Forum (NAF) http://www.arbforum.com/domains/ World Intellectual Property Organization (WIPO) http://arbiter.wipo.int/domains/ These are the places to file any complaints or to contact in response to a complaint as well. Then what happens? Three main points must be proven to the court:
Based off the evidence proving or disproving the above, the court decides who gets to have the domain name for good. (For decisions see Part II). |
Other
Alternatives The increase in conflicts and overall flooding of the courts has created the need for alternative solutions. The Generic Top Level Domain Memorandum of Understanding (gTLD-MoU) has proposed that new gTLDs be adopted to better suit specific businesses and ease the rush for .com addresses. The proposed additions were: .firm (for businesses or firms), .store (for businesses offering goods to purchase), .web (for entities emphasizing activities related to the World Wide Web), .arts (for entities emphasizing recreation/entertainment activities), .info (for entities providing information services), and .nom (for those wishing individual or personal nomenclature). The above gTLDs have not been instated. Some have argued that if clientele are not following the uses of .com, .org and .net properly to begin with, why would they use the new gTLDs correctly. Another fear is that businesses will just wish to stay with the popular .com regardless, as they have not been extremely tempted to use other alternatives such as .us or other country codes. However, in the United States, one should keep in mind that .us predominantly works with geographical location. For example, Lawchek® is based in Cedar Rapids, IA; the .us address could look something like: lawchek.cedarrapids.ia.us. Many businesses that work nationally or internationally prefer not to be strictly identified with one region. Recently in Yokohama, Japan the ICANN met and did resolve to add new Top Level Domains which would not be in use until sometime next year. However, the effect, if any, that this will have upon the current conflicts surrounding .com remains to be seen. |
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| Back to Main Page | Part I: Domain Names | Part II: Domain Name Disputes | |
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