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05 November 2009 / Veronica Bailey
Issue: 7392 / Categories: Features , Profession , LexisPSL
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Happy anniversary

Veronica Bailey looks at advances in domain name disputes—10 years on

The World Intellectual Property Organisation (WIPO) held a conference in Geneva to mark the 10th anniversary of the Uniform Dispute Resolution Procedure (UDRP) last month.

The UDRP was designed to address cyber-squatting, providing trade mark and service mark owners with a mechanism for the resolution of disputes over domain names.

The complainant under the UDRP has to establish: that the disputed domain is identical or confusingly similar to the trade mark or service mark in which he has rights; that the registrant of the domain name has no rights or legitimate interests in the domain name; and that the domain name has been registered and is being used in bad faith.

The first case filed, World Wrestling v Bosman (D99-0001), involved straightforward cybersquatting. Since then WIPO has administered over 16,000 cases filed under the UDRP.

Today, there are over 180m domain name registrations and their use has changed significantly. Domain names are now not only used by owners of trade marks or service

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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