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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    Uniform Dispute Resolution Policy (UDRP) National characters disregarded in dispute
    posted by michael on Tuesday January 22 2002, @02:29AM

    Mpawlo writes "The WIPO sole panelist Tony Willoughby makes an interesting remark in his latest decision:

    "The Complainant is Mika H[national character "ae"]kkinen (frequently spelt Hakkinen) the well known Formula One Grand Prix driver. For present purposes the Panel does not distinguish between the two spellings of the Complainant’s surname."

    In this case, the respondent did not reply and it was a pretty clear cut bad faith registration, thus the decision was easy. Still, I find it an intruiging question whether trademarks and names with national characters could be used when attacking domain name holders on a global level."

    How will this policy evolve when eventually national characters are implemented in the domain name system?

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    National characters disregarded in dispute | Log in/Create an Account | Top | 4 comments | Search Discussion
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    Re: National characters disregarded in dispute
    by dtobias (dan@tobias.name) on Tuesday January 22 2002, @07:23AM (#4702)
    User #2967 Info | http://domains.dan.info/
    I don't think character sets, per se, were really the issue... they might be if it were necessary to judge if the domain were "identical" to the trademark, but since "confusingly similar" is sufficient, such spelling variations as exist with regard to the representation of names in character sets not containing all of their characters are not really much different from the variations and misspellings that are the subject of typosquatting cases even regarding names consisting entirely of US-ASCII characters.

    It would be a more interesting question whether a name using a US-ASCII transliteration of non-ASCII characters in the original spelling can be regarded as "identical" instead of just "similar". In that regard, UDRP panelists have often disregarded characters not permitted in domain names, such as spaces and punctuation characters, as well as ignoring upper and lower case distinctions (since domains are not case sensitive) when judging a domain to be identical. Traditionally, non-US-ASCII letters have also been disallowed in domain names, and thus could rationally be transcribed into some accepted ASCII rendition for domain name use and still be considered "identical".

    On the other hand, there are now mechanisms of issuing and resolving domain names with a wider character repertoire, though they're still at the experimental level so far and aren't really part of the mainstream yet. Some domain conflicts, however, have arisen regarding these.
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