The
UDRP
(ICANN's Uniform Domain-Name
Dispute-Resolution Policy) is used
to settle disputes that
occasionally arise over who has
the right to own a specific domain
name. It allows a party (usually a
trademark owner) who thinks
someone has registered or purchased
a domain that infringes on
their rights to use a given name
online to file a UDRP complaint
against the domain owner.
The
process usually involves the
Complainant and the Respondent
hiring an attorney to
present their side of the
argument. Depending on the value
of the domain, some respondents
decide to represent
themselves or don't respond at all
but, as you would expect, doing
either of the latter dramatically
increases the risk of losing a
domain.
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Unless
you have been involved in a UDRP dispute yourself, you are likely unfamiliar
with the inner workings of the process and you might think
there is no need to be concerned with it. However, since anyone who owns domain name
could get caught up in an unexpected UDRP complaint, ignoring the possibility is not a
good idea. Forewarned is forearmed became a popular saying because it's
true.
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That is why the Internet
Commerce Association (ICA) and the
International Trademark Association (INTA) came up with a novel idea to give everyone in the industry a chance
to fill in that potentially dangerous knowledge gap. On Friday
(September 24, 2021), as part of this week's NamesCon
Onlline conference), you will be able to see, for the
first time ever, a “live” demonstration of how al UDRP
domain name dispute case is adjudicated when ICA and INTA
present a mock UDRP hearing. ICA Executive Director Kamila
Sekiewicz said, "This innovative and lively session will
feature three actual UDRP Panelists as they hear a fictional
UDRP case influenced by real-world facts. The case will be
presented by experienced lawyers making arguments for the
trademark owner and for the domain name registrant, respectively."
You can read
the facts of the case here (.pdf file). |
The
ICA and INTA put together a dream team of counsel and panelists that
includes George Nahitchevansky as Complainant Counsel, Karen
Bernstein as Respondent Counsel, and Gerald Levine, Steve Levy,
and Francine Tan (Chair), serving as Panelists. Lori Schulman
from INTA and Ms. Sekiewiucz will both be making brief remarks at the
beginning of the 45-minute session that will begin on NamesCon's Stage 2
at 15:50 UTC (11:50am U.S. Eastern time) Friday. The format will feature
a video of the entire hearing followed by live commentary by the experts.
This brief YouTube video
clip with snippets from the hearing will give you a better idea
of what you will be seeing in this special event (you can also access the
video by clicking on the photo below).
Screenshot
from the mock UDRP hearing that will be presented Friday at NamesCon Online.
To
attend the session, you can register
for NamesCon Online here. The regular pass (that covers all
sessions and activities at the three day conference that runs Wednesday
through Friday) is $99 but if you are an INTA member you can get an
exclusive $19 ticket by contacting [email protected]
and requesting the INTA discount code.
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