Domain owner: pack that in your pipe and smoke it!

Comedy duo Cheech & Chong have won rights to the CheechandChong.com domain name through arbitration at World Intellectual Property Organization.

Did you ever think you’d see “Cheech & Chong” and WIPO in the same sentence?

I first wrote about this story back in September, predicting that the comedians would win the case. But it wasn’t as clear cut as I originally thought. As it turns out, Cheech & Chong first objected to the use of the domain name in 2004. In 2006, possibly after smoking a joint, they felt peaceful and acquiesced, letting the domain owner use the domain.

But then the comedians reunited in 2008 for a tour and wanted the domain name. They couldn’t work out a deal with the owner, so they revoked any license to use their trademark in the domain name.

Cheech & Chong still won the dispute despite at one point agreeing to let the respondent use the domain. But it wasn’t as simple as it may have been.

Rate of cybersquatting continues decline.

The rate of cybersquatting, as measured by arbitration filings under Uniform Dispute Resolution Policy, has hit an all time low.

A Domain Name Wire analysis of UDRP filings dating back to 2000, the first year UDRP was widely used, showed marked declines. UDRP filings were compared to the total number of .com domain names in existence each year to calculate an effective rate of cybersquatting.

Although .com domain names make up only a subset of the domain universe, the majority of UDRP filings are related to .com domains.

The data shows that the rate of UDRP filings to the .com registration base has rapidly decreased from one per 7,000 domains in 2000 to about 1 in 20,000 domains in 2008. Preliminary to-date 2009 data shows the rate may slip further this year. Growth rate in UDRP cases has been outstripped by the growth rate in domain registrations every year that registrations have grown.

To calculate the total number of UDRPs filed, Domain Name Wire collected actual statistics available from WIPO, and added National Arbitration Forum and eResolution statistics from UDRPsearch. Data from Czech Arbitration Court, a new service, was not considered. UDRP data was compared to end-of-year .com registration data collected by Zooknic and DomainTools.

The graph below shows the rate of UDRP cases to the total .com registration base, using an inverted scale.

The decrease in rate of cybersquatting may be attributed to a number of factors, including greater knowledge and education about cybersquatting amongst the domain registrant community.

Arbitration provider wants to offer $250 expedited UDRPs.

[Update: The 250 fee is actually in Euros, and is the panelist's fee. CAC will also collect a 250 EUR fee, making the minimum fee 500 EUR]. Earlier this month I reported on WIPO’s plans to introduce a fast-track UDRP proceeding. It would cost less and be decided faster than traditional UDRPs. At the time, I predicted that WIPO’s competitors would follow suit because of venue shopping.

It looks like Czech Arbitration Court (CAC), a newer UDRP forum, is jumping on board. It plans to offer expedited hearings for only $250500 EUR.

In order to qualify for an expedited hearing, the complainant must limit arguments to 2,000 words, and the respondent must not file a response.

A comment period is open until December 11. ICANN’s web site has an odd description of what CAC proposes, writing that it is “proposing to amend its Supplemental Rules to provide for an alternative page limit and processing fee for certain UDRP Complaints”.

That seems like a banal description for something that could fundamentally change UDRP and drastically increase the number of cases filed.

Man gives controversial domain name to Beck after proving a point.

Isaac Eiland-Hall just won a highly publicized case against Glenn Beck over the domain name glennbeckrapedandmurderedayounggirlin1990.com. As soon as he won, he did something surprising: he offered the domain name to Beck for free.

In a letter (pdf) to Beck, Eiland-Hall explained that he has met his objectives with the domain name and web site, and points out to Beck that bringing the case made things worse for Beck.

It bears observing that by bringing the WIPO complaint, you took what was merely one small critique meme, in a sea of internet memes, and turned it into a super-meme. Then, in pressing forward (by not withdrawing the complaint and instead filing additional briefs), you turned the super-meme into an object lesson in First Amendment principles.”

In explaining his reason for voluntarily handing over the domain, Eiland-Hall wrote:

“…I want to demonstrate to you that I had my lawyer fight this battle only to help preserve the First Amendment. Now that it is safe, at least from you (for the time being), I have no more use for the actual scrap of digital real estate you sought…

WIPO plans to make fast-track UDRP on its own.

Managing Intellectual Property published an article today saying World Intellectual Property Organization will offer a fast-track UDRP starting next year.

No, this is not the proposed “Uniform Rapid Suspension”. And, according to the article, WIPO says it can introduce this “Fast Track” without any interaction from ICANN.

How can WIPO do this? It plans to make changes to its supplemental UDRP rules. These are the rules that each arbitration provider adds to ICANN’s rules. The rule changes will be open to a 30 day comment period, according to the article.

It’s unclear exactly what will be different in fast track, other than getting a response back from the panel faster. But WIPO says it expects up to 50% of disputes to be handled under fast track and it will cost significantly less than the regular UDRP.

What is clear is that WIPO hopes to win over a lot of customers (i.e., complainants) with this new plan thanks to venue shopping. Complainants will like the lower fees, faster turnaround, and higher likelihood of success. That means National Arbitration Forum would have to follow suit or lose more customers to WIPO.

I have a call into WIPO and several domain attorneys to understand more about WIPO’s plans, and will update accordingly.