Comments on: 4 Ways to Reform UDRP NOW

By: Marc J. Randazza

Marc J. Randazza — Tue, 26 Jan 2010 00:47:30 +0000

It would seem to me that a lot of good reform ideas could be implemented by simply looking to other systems in which they have already been implemented — and where they work.

CIRA provides for a $5,000 RDNH fine for .ca disputes. .uk and .za disputes have a really nice appeal procedure.

I think that an appeal procedure would be a good idea — but that any panelist who is overturned more than three times in a year should be suspended from being a panelist for one additional year. That will knock off the radicals on both sides, and will encourage predictability and a uniform evolution of decisions.

By: UDRP – A Guest Post EVERY DOMAINER MUST READ | DirectNavigation.com

UDRP – A Guest Post EVERY DOMAINER MUST READ | DirectNavigation.com — Fri, 15 Jan 2010 16:50:30 +0000

[...] paper by Professor Michael Geist published in — 2001. One promising idea to reduce bias is to randomly assign cases to the different arbitration bodies. Yet no concerted effort has been made to correct the problem of bias and now, ten years after the [...]

By: Jeff Schneider

Jeff Schneider — Thu, 10 Sep 2009 06:02:50 +0000

The only time we will ever see a UDRP reform is when the Have Nots OWN the Haves, .com names. In other words I would not hold my breath on it happening anytime soon. The battle for eyeballs is to high a stakes game for the powers that be, to give up the UDRP pirate trade.

By: M. Menius

M. Menius — Wed, 09 Sep 2009 21:38:32 +0000

@Andrew – Your suggestions #3 and #4 are excellent. Both of them should be adopted immediately.

By: Domain Investor

Domain Investor — Wed, 09 Sep 2009 20:46:25 +0000

Here is one of the problems with changing UDRP and WIPO.
It was structured to be an arbitration process where the decision is final.

Why enter into arbitration when you would have the right to set aside the final decision because you don’t like it.

Presently, either parties can do that by IMMEDIATELY filing in federal court.
But, it is very costly and drawn out.

By: samfallon

samfallon — Wed, 09 Sep 2009 19:20:29 +0000

“And VICE VERSA

because america owns the internet no matter what other countries want to think. Obama now has the power to shut it down.

When you invent something you have special rights to it.

By: Johnny

Johnny — Wed, 09 Sep 2009 18:48:09 +0000

Everyone’s suggestions here seem valid. A case in China or Chinese related domains or TM’s should be handled by arbitration in China.

I would also say that regarding #3 there should be an independent body not related to the arbitration panels that decides whether a case should proceed to arbitration.

Right now, as it stands, the NAF and WIPO just rubber stamp everything YES to go to UDRP….it’s a disgusting process that needs to be rectified quickly.