In response to the exponential growth of domain name registrations, and the resulting increase in actions brought under the ICANN's Uniform Domain-Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) has proposed a low-cost "fast track" option for a streamlined UDRP process. The fast track option would be especially appropriate for the more obvious cybersquatting cases, including registrations that involve a misspelled famous mark or "pay per click" sites.
How Does The "Fast Track" Option Work?
Currently, 75 percent of the domain name disputes filed with WIPO result in a default judgment because the registrant does not respond to the complaint. The fast track option would reduce both the time and cost to resolve these "default" cases. Under standard procedures, a decision in a single domain name "default" case would take two weeks and cost $1,500. In contrast, a decision under the fast track option would be rendered in 2-3 days and would cost approximately $750. If the registrant loses, the domain name will be transferred. To help promote early resolution, there would also be an option for a respondent to voluntarily transfer the domain name without admitting any wrongdoing.
When Will It Become Available?
WIPO hopes to have the fast track option available in the first quarter of 2010 and it would be implemented through changes to the WIPO Center's Supplemental Rules. Decisions in fast track proceedings would be rendered by a single member panel. Respondents continue to have 20 days to submit a response, and if they do so, they can insist on the standard, rather than fast track, procedure. A losing Respondent continues to have the ability to challenge the ruling in the national courts.
Having obtained numerous favorable UDRP decisions, Barnes & Thornburg partner Joan Long, herself a WIPO mediator, applauds this new option. According to Ms. Long, "The fast track option is a welcome acknowledgement of a growing problem and will give trademark owners a speedy and cost-efficient means to obtain the transfer of the domain names held by obvious cybersquatters."
Barnes and Thornburg LLP offers a full spectrum of trademark and brand protection services, including domain name protection and enforcement.
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