WIPO Advanced Workshop on Domain Name Dispute Resolution: Update on Precedent and Practice

WIPO, Geneva, Switzerland, Tuesday and Wednesday, November 7 and 8, 2023

Overview

WIPO’s domain name dispute resolution services give effect to the Uniform Domain Name Dispute Resolution Policy (UDRP), adopted in 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN) at the recommendation of WIPO. The UDRP provides trademark owners with an administrative mechanism (outside of the courts) for expedient and cost-effective resolution of “cybersquatting” disputes arising out of the bad-faith registration and use of domain names corresponding to their trademarks. The UDRP applies to disputes in current and new generic Top-Level Domains (gTLDs), as well as an increasing number of country code Top-Level Domains (ccTLDs). In December 1999, the WIPO Center received the first UDRP case. Since then, trademark owners from around the world have filed over 66,000 cases with WIPO – the leading global provider. Together these WIPO cases have assisted brand owners in recovering over 120,000 domain names.

The evolving nature of the Domain Name System (DNS) remains of significance for trademark owners globally. With this evolution comes a demand for domain name dispute resolution training. Notably drawing from WIPO’s Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Jurisprudential Overview 3.0”), WIPO’s Advanced Workshop focuses on UDRP case trends covering the most relevant substantive and procedural issues, including taking stock of the GDPR’s impact on UDRP cases.

Who Should Attend

The target audience for this Workshop includes potential case parties, namely: trademark owners, outside counsel, and domain name registrants. Registrars and ccTLD administrators also attend the Workshop to increase their knowledge of UDRP decisions and case administration processes, as well as current issues in the DNS more generally. Participants should have a basic understanding of the DNS and trademarks. To maximize the benefit of the Workshop for all participants, course materials will be provided, and should be consulted, ahead of the program.

Faculty

The faculty consists of experienced WIPO UDRP panelists, trademark counsel, and senior WIPO staff. In addition to presentations, the program will include practical breakout sessions and discussions between participants and instructors.

Presentations

David H. Bernstein

Debevoise & Plimpton
New York
United States of America

 

 

Andrew Lothian

Com Laude
Edinburgh
United Kingdom

Breakouts

Luca Barbero

Studio Barbero
Turin
Italy

Edoardo Fano

Intellectual Property Counsel and Lecturer
Milan
Italy

Matthew Harris

Waterfront Solicitors LLP
London
United Kingdom

Stephanie Hartung

Schiedermair Rechtsanwälte
Frankfurt am Main
Germany

Ingrīda Kariņa-Bērziņa

Riga Graduate School of Law
Riga
Latvia

Jane Seager

Hogan Lovells (Paris) LLP
Paris
France

Program

Through presentations and exercises, participants in the Workshop will receive information on, inter alia:

• the legal framework of the UDRP
• the WIPO Center’s domain name dispute resolution services
• substantive and procedural developments
• new Top-Level Domains, ICANN RPMs, DNS developments more generally

Using the WIPO Jurisprudential Overview 3.0 and recent decisions as principal guides, the faculty will discuss selected topics on the basis of UDRP cases. Example topics include: Geographical Scope and Timing of Trademark Rights, Unregistered Trademark Rights, Personal Names/Geographical Terms, Licensee Rights/Rights among Corporate Entities, Confusing Similarity and Website Content, Fair Use, Internationalized Domain Names, Disclaimed or Design Elements in Trademarks, Privacy and Other Registrar Issues, Parking and Landing Pages, Willful Blindness, the Conjunctive Requirement, the Role of Precedent, Laches, Consolidation, Panel (Procedural) Orders, Supplemental Filings, Language of Proceedings, and Reverse Domain Name Hijacking.

Certificate of Participation

To support those seeking Continuing Legal Education (CLE) or Continuing Professional Development (CPD) credit, a certificate of attendance will be provided.

Practical Information

Due to a large number of pre-registrants we have already reached full capacity. Please send an email to arbiter.meetings@wipo.int to be put on the waiting list. Thank you.

Hotel Accommodation and Visitor Information

Information is available at https://www.wipo.int/meetings/en/practical-information/

Contact