Pursuing domain name registrants can backfire; in domain name disputes, NSI tends to side with challengers, but federal courts can reverse

Article Abstract:

Domain name disputes are heard either in federal district courts or in the administrative court run by Network Solutions (NSI) Inc, and there is a wide range of outcomes, with the NSI tending to side with a domain name challenger and against its customer, regardless of the actual merits of the challenge. A domain name owner willing to overcome this initial challenge can find a court willing to consider the challenge on its merits.

Internet, Powers and duties, Network Solutions Inc. (Herndon, Virginia), NSOL

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Domain-name registrants have new rules to follow; uniform domain name dispute resolution policy provides for new procedures and remedies

Article Abstract:

The Uniform Domain name Dispute Resolution Policy (UDRP) is discussed and, as of Jan 3, 2000, applies to all domain names in existence or subsequently registered. The UDRP recognizes that the registrar of domain names is not the appropriate party to determine the parties' right and the equities between them, although it is premised on the consideration of such rights.

Internet Corporation for Assigned Names and Numbers

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Proceedings under UDRP are off and running; already, 120 decisions have issued under Uniform Domain Name Dispute Resolution Policy

Article Abstract:

Issues regarding the Uniform Domain Name Dispute Resolution Policy are discussed. The complainant has the burden of proof on three issues, whether the mark is at least confusingly similar to a mark in which the complainant has rights, why the domain name holder has no legitimate interests in the right, and why this domain name has been registered or used in bad faith.

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