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International Domain Name Disputes Persist
For most businesses, a domain name is now as critical and integral a part of their corporate identity as a trademark. Because these readily accessible addresses for Web sites are easy to remember and use, domain names have become business identifiers and, in some cases, even trademarks themselves, such as Amazon.com.
Although it's been nearly 10 years since domain names became commonplace, the intersection between trademark rights and domain name registration and use is still teeming with potential problems. These difficulties are compounded when considered internationally. While trademark law jurisprudence can extend back several hundred years, the rules for working with domain names are still being written. Companies with their eye on international markets should pay especially close attention to the variety of rules ' or lack thereof ' in these jurisdictions.
Domain name disputes regarding the three most well-known unrestricted top-level domains (.com, .org, .net) fall under the Uniform Domain Name Dispute Resolution Policy (UDRP). This policy was established in 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN) to meet the need for a set of internationally uniform and mandatory procedures to deal with what would frequently become cross-border disputes. There have been four primary providers: World Intellectual Property Organization (WIPO), eResolution Consortium, the National Arbitration Forum and CPR Institute for Dispute Resolution. Most recently on the scene is the American Arbitration Association.
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