UDRP reform is coming. Here’s ICA’s position

JulienJ

Member
Here’s what domain investors would like to see happen during the review of the UDRP.

For the first time in the 18 years since it was introduced, the Uniform Dispute Resolution Policy (UDRP) regarding cybersquatting is being reviewed.

This is an issue for domain name investors to watch. Expect certain interests to push for new rules that make it easier to take away domain names even when it’s not warranted.

In the domain investor’s corner is Internet Commerce Association (ICA), a trade group representing domainer interests. Yesterday, the ICA issued its platform (pdf) for changes it believes should be made.

Notably, none of the changes have to do with the language of the policy itself. It is generally agreed that the requirements for forcing a domain owner to transfer a domain are fair. It’s how they are implemented that is the problem.

The platform includes five sections: accountability, transparency, uniformity, predictability and balance. Here are the major proposals from each section, along with some commentary.

Accountability
Transparency
Uniformity
Predictability
Balance
Additional thoughts

I have two other ideas that should be considered.

  • Include a checkbox on the complainant’s form that says “I certify that I am claiming trademark rights that predate the domain registrant’s ownership of the domain name.” This could eliminate a lot of RDNH filings.
  • Right now the panel can only deny the claim or accept it, which results in the transfer (or sometimes cancellation) of the domain. Perhaps there’s a middle road that could resolve cases, such as “Don’t show this type of ad on this domain anymore.”

Source
 
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