Numbers up slightly so far this year, but still represent a very small subset of domains.
The caseload of cybersquatting disputes at World Intellectual Property Organization (WIPO) is trending upward so far in 2019.
2,723 cases were filed during the first three quarters of 2019, according to data on WIPO’s website. There were only 2,592 filed during this same period last year.
The chart above shows the total caseload during Q1-Q3 of each of the past five years. With the exception of 2016-2017, the number of filed cases has increased during the first three quarters of the year.
WIPO is just one of the organizations that handles cybersquatting disputes under UDRP, but it is the largest.
The total number of domains at issue is very small compared to all registered domains.
For example, through the latest update, 3,430 .com domains have been the subject of UDRP this year. There are 144 million registered .com domains, so only one in 42,000 .com domains have been the subject of a UDRP this year.
A complainant in a UDRP proceeding must establish three elements to succeed:
The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
The registrant does not have any rights or legitimate interests in the domain name; and
The domain name has been registered and the domain name is being used in “bad faith”.
The last element can be tricky. There are many domain names registered that do not have content or in placeholder status and potentially may (or may not) infringe on a TM, but the word “used” can be interpreted in many ways by Panelists.
It would be good to breakdown some past complaints where similar facts were present but resulted in different decisions. I think that would be interesting to explore how different panelists interpret facts that result in the outcome of a complaint.
So, when you look at number of registered domains v. the number subject to a UDRP dispute, you have to take that into account. There would potentially be more, too, if there were no whois challenges.
In some ways, its interesting to see a rise in caseload volumes today but there is context to numbers.
Rarely are UDRP complaints filed against worthless or low value domain names, so 42,000 UDRP complaints is probably far too many.
Responsible trademark owners concerned about cybersquatting and bad faith registrations usually register confusingly similar domains before applying to register their trademarks. It’s far cheaper than filing a UDRP and losing business to someone who already owns the matching .com domain name.
And there needs to be stiff penalties for Plan B RDNH domain hijackings, especially for trademark registrations obtained after the domains were registered by third parties.
You are not being serious, are you? Most names on UDRPSearch are worthless.
Confusingly similar domains – there could be thousands of them for any mark word longer than 3 characters. And thousands extensions also. Nobody does that unless they are insane. Even monsters like Google do not.
“And there needs to be stiff penalties for Plan B RDNH domain hijackings, especially for trademark registrations obtained after the domains were registered by third parties.”
There are two sides to this and the TM holders have huge economic advantage in most cases. If you impose penalties for one side you will have to do it for the other and this could then provide an opportunity for aggressive complainants to threaten domain owners if they don’t hand over the name they’ll come after them for costs by simply filing a UDRP. Lots of domain owners wouldn’t risk it and simply hand over the name.
UDRP is supposed to be a low cost alternative to the courts.
Only when there are two willing parties should the stakes be raised to incurring costs. The strength of UDRP is in its differences from the judicial route.