Record Number of Alleged Cybersquatting casesfiled in May
Geneva, June 9, 2000
Press Updates UPD/2000/100
A record number of cases involving alleged cybersquatting disputes were filed in May with the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO), bringing the total caseload to 569 (including country code domains). The rise in filings since the Center began administering domain name disputes in December 1999 (1 in December, 28 in January, 79 in February, 133 in March, 119 in April, 172 in May) reflects the growing commercial importance of domain names.
The procedure is being used by a variety of sources: large well-known companies, small and medium-sized enterprises, individuals, celebrities and organizers of sporting events. Cases involve parties from 53 countries in all parts of the world, reflecting the international nature of the problem. Statistics relating to the geographical distribution of both complainants and respondents generally mirror global Internet connectivity. The largest number of cases involve parties from the United States of America representing over half of all complainants (299) and over half of all respondents (332). Of 179 decisions made so far, 147 led to the transfer of the domain name to the complainant. Thirty two complaints were denied and a considerable number of disputes were settled before a decision was taken. For continuously updated information on case statistics, please consult https://www.wipo.int/amc/en/domains/statistics/.
An increasing number of well-known personalities are using the procedure to wrest back their Internet identity from alleged Internet pirates or cybersquatters. In two recent cases filed with WIPO, expert independent panelists found in favor of the celebrities on the basis of common law, rather than on registered trademark rights. For further information on these rulings, refer to the cases involving juliaroberts.com (D2000-0210) and jeanettewinterson.com (D2000-0235) at https://www.wipo.int/amc/en/domains/decisions/index.html.
More and more sports-related cases are also being filed. These include worldcup2002.com (soccer), ryder-cup.com (golf), pgachampionship.com (golf), uefachampionsleague.com, girondinsdebordeaux.com (French soccer), greenbaypackers.com (American football), corinthians.com (Brazilian soccer).
"The rising number of alleged cybersquatting cases shows the growing premium placed on domain names by companies and individuals operating in the wired environment" said Mr. Francis Gurry, WIPO Assistant Director General and Director of the Arbitration and Mediation Center.
Mr. Gurry pointed out that further work needs to be done on defining other areas of relevance to the domain name system as they relate to intellectual property. "Case filing trends demonstrate a need to further define what constitutes cybersquatting' in light of the scope of the current policy. For instance, questions arise as to whether the policy should also cover other areas such as tradenames, geographical indications, and other rights that are not necessarily based on registered trademarks."
Cases are currently being filed under the Uniform Domain Name Dispute Resolution Policy applicable to generic top-level domains (.com, .net and .org) adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999. The WIPO Center also provides dispute resolution services to six national registries, including Tuvalu (.tv) and Niue (.nu). Two cases have been filed relating to the .nu endingNo decisions have yet been handed down in relation to such cases.
The ICANN policy establishes a uniform and mandatory administrative dispute-resolution system to address cases of bad faith, abusive registrations, also known as "cybersquatting." Using this system, panels of one or three experts, appointed by the WIPO Arbitration and Mediation Center, apply streamlined, quick and cost-effective procedures to review claims and eliminate cases of clear abuse of trademark holders' rights, leaving the more complex cases to the courts. The procedure requires that each case is resolved within a 45-day period. If the losing party fails to challenge the decision in a competent court within 10 days, the registrar is bound to implement the panel's decisions after that period. Once a case is filed with the Center, the domain in dispute is posted on the website as is the decision (https://www.wipo.int/amc/en/domains/cases/index.html).
For further information, see Press Release 246 or please contact the Media Relations and Public Affairs Section:
- Tel: (+41 22) - 338 81 61 or 338 95 47
- Fax: (+41 22) - 338 88 10
- Email: publicinf@wipo.int.