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

    Uniform Dispute Resolution Policy (UDRP) Domain Name Bias Concerns Go From Bad to Worse
    posted by jon on Thursday March 07 2002, @04:05AM

    Anonymous writes "Professor Michael Geist of the University of Ottawa, Faculty of Law has released an update to his Fair.com study on the ICANN UDRP. The update, which now covers 4,332 UDRP cases (all cases decided as of February 18, 2002), provides the first comprehensive look at default vs. non-default cases under the UDRP. The update reaches the following conclusions:

    1. There have been no changes in the forum shopping concerns raised in the original study, as caseload and case outcomes remain roughly the same. Moreover, in the intervening period, eResolution, the arbitration provider most affected by forum shopping, has gone bankrupt.

    2. Case allocation concerns have gone from bad to worse. NAF's top six panelists have now decided 56.4% of their single panel cases with complainants winning over 95% of the time."

    WIPO's two respondent-friendly panelists have still yet to receive a case (2250 cases and counting) and the provider's 124 panelists with 5 or more single panel cases have now all ruled in favor of complainants at least 50% of the time.

    3. Default cases constitute 54% of all cases. Contrary to some claims, there are differences between providers on default cases. NAF rules in favor of complainants 98% of the time in default cases, followed by WIPO at 92% and eResolution at 79%. In fact, several leading NAF panelists have never ruled in favor of a respondent in a default case.

    4. There is no significant difference in percentages when accounting solely for non-default cases. In single panel non-default cases, WIPO and NAF both rule in favor of complainants around 70% of the time. By contrast, eResolution rules in favor of complainants 50% of the time. This is virtually the same percentage difference as when all cases (default and non-default) are examined.

    Similarly, the difference between single panel and three-member panel in non-default cases remains unchanged from the overall numbers. Complainants, who still surprisingly request the majority of three-member panel cases, win 68% of single panel cases but only 46% of three-member panel cases. The 22% differential is nearly identical to the 23% differential when all cases are accounted for.

    In other words, claims that provider and panel composition differences can be explained by the inclusion of default cases are simply wrong. There are (or at least were) critical differences between providers and between the outcome in single vs. three-member panel cases.

    All the data can be found online at http://www.udrpinfo.com.

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  • http://www.udrpinfo.com
  • update to his Fair.com study
    This discussion has been archived. No new comments can be posted.
    Domain Name Bias Concerns Go From Bad to Worse | Log in/Create an Account | Top | 9 comments | Search Discussion
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    Re: Domain Name Bias Concerns Go From Bad to Worse
    by fnord (groy2kNO@SPAMyahoo.com) on Thursday March 07 2002, @04:48AM (#5164)
    User #2810 Info
    Interesting coverage from the Register. -g
    [ Reply to This | Parent ]
    UDRP is bull* propaganda
    by WIPOorgUK on Thursday March 07 2002, @05:40AM (#5165)
    User #3146 Info | http://wipo.org.uk/
    There are several things which Professor Michael Geist and all the 'good guys' fail to acknowledge. Including:

    The DNS is not a trademark system, ask the creator Paul Mockapetris. Indeed, it currently cannot be used as such - because of free speech and unfair competition issues.

    They know solution and could stop 'consumer confusion', 'trademark conflict' and 'passing off' - if they really wanted to. Please visit WIPO.org to see.

    UDRP gives priority to one trademark over all others who share the same word(s) or initials. For example, the World Trade Organization (WTO) shares its initials with six trademarks - in the U.S. alone. They violate unfair competition law.
    [ Reply to This | Parent ]
    Re: Domain Name Bias Concerns Go From Bad to Worse
    by fnord (groy2kNO@SPAMyahoo.com) on Thursday March 07 2002, @12:37PM (#5182)
    User #2810 Info
    Meanwhile, NeuStar brings in a new provider for the .us usDRP, the American Arbitration Association. -g
    [ Reply to This | Parent ]
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