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2 commentsMonday, March 16, 2009

WIPO: Cybersquatters Set Record Pace In 2008

Even more cases likely to occur this year

Cybersquatters stayed busy last year, according to a new report from the World Intellectual Property Organization.  Indeed, they set a record, and it looks like they're on track to do so again in 2009.

Exactly 2,329 complaints were filed in 2008 under the Uniform Domain Name Dispute Resolution Policy (UDRP).  This represented an increase of eight percent over 2007's levels and the continuation of a years-long trend.  (MarkMonitor offered an even scarier take last week.)

Domain Graph
 WIPO Domain Name Cases

As for the future, ICANN's getting ready to introduce new generic top level domains, and Francis Gurry, WIPO's Director General, stated, "The creation of an unknowable and potentially vast number of new gTLDs raises significant issues for rights holders, as well as Internet users generally.  Cybersquatting remains a serious issue for trademark holders. . . .  [T]he sale and broad expansion of new top level domains in the open market, if not properly managed, will provide abundant opportunities for cybersquatters to seize old ground in new domains."

Companies may do well to register domain names defensively, then, even if they're quite happy with their existing networks of sites.  Better to pay a small amount of money now than go through a huge hassle later.

Here's one bit of good news, though: when it does come to a fight, the squatters usually lose.  A full 85 percent of WIPO panel decisions favored the complainants in UDRP or UDRP-related cases.

News Tags: ICANN, Cybersquatting, WIPO
About the author:
Doug is a staff writer for WebProNews. Visit WebProNews for the latest eBusiness news.

Domain Disputes Decided by US Firm - National Arbitration Forum

FYI,

Another ICANN-approved administer of cybersquatting cases, the National Arbitration Forum, administers a substantial number of domain cases as well. Announced last week, the FORUM handled a total of 1,770 cases in 2008, including decisions that involved trademarks such as American Girl, Anheuser-Busch, Canadian Television, Patrick Dempsey, We The People LLC, and YouTube.

more info - http://domains.adrforum.com/newsroom.aspx?itemID=1479

WIPO and NAF

Please remember that many of these cases are filed by complainants to see if they can steal, YES STEAL, domains away from rightful owners. All those cases were not cybersquatters. Many were legitimate domain owners in small businesses and such that had to fight of multi-million dollar corporations that wanted to simply drag a domain owner into an expensive process. Many of those won cases are won b/c the domain owner did not have $5,000 (lawyer and filing fees) to start the process, in which you only have 20 days in which to respond.

It is a totally unfair process and folks are getting their domains stolen. They are painting a picture that could not be further from the truth. There is A LOT of money being made by WIPO and NAF, the lawyers, the panelists. The panelists get $600 for each case (of which some have done over 900 cases..... do the math ! ). The complainants get paid in the form of domains.

Many bogus claims have been made....just go look at Viacom trying to steal Jackass.com, or FCC Fomento de Construcciones y Contratas trying to take FCC.com (that company was found to having commited "Reverse Domain Name Hijacking". Or how about this totally shameless, dirty, and bogus attack by Peaches Uniforms on Peaches.com. Peaches Uniforms filed for a trademark in 2007 for "Peaches" and then tried to steal the domain from the owner who registered it in 1995 and had used it for a Peaches site and a dating site. All thieves.....IMHO.

With the aid of some lawyers with bad intentions, these complainants also like to attack domain owners right before Christmas.....timing the UDRP to land on the 23rd of December, for example, to ruin their X-MAS and hopefully catch them out of town or busy with family, therefore making it easier to "steal" a domain.

Please also remember that WIPO and NAF make money off of these cases so it is in their interest to paint ALL those cases as "cybersquatters".

Granted, there are many cybersquatters, but they are disappearing really fast b/c of the amount of UDRPs being filed. It is not increasing as they say.....only the filings are.

You can't take WIPO or the NAF statements at face value... they are biased and are tying to drum up more cash in the down economy. They are not impartial to $$$.

They conveniently did not inform the public about all these attempts at Reverse Domain Name ijacking when they came out with this report......did they?
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