Click here for Special Web hosting packages for visitors of this website only!

.COM companies are all the rage with the stock market riding high and falling as the mood shifts. Everybody it appears is going on-line and there has been a massive rush to register all manner of domain names. In February 2000 there were over 200,000 .co.uk domains registered compared to just under 15,000 at the same time last year and there were just under 9,500,000 .com domains registered by 1st March 2000! The domain name is seen as central to any marketing strategy as it is the "sign post" to the web site hopefully worth millions!

However, due to the simple fact that the internet is global, there are not enough domain names to go round and problems arise when there are competing businesses with the same name. To address this problem the World Intellectual Property Organisation (WIPO) through their Arbitration and Mediation Centre established a dispute resolution service to allow a cheap and effective means of resolving disputes without going to court. It follows the Internet Corporation for Assigned Names and Numbers (ICANN) dispute resolution policy which deals with disputes concerning .com, .net, and .org domain names.

The ICANN procedure is only available for disputes concerning allegedly "abusive" registration of the domain name. There are three criteria that have to be met.

1.The domain name is identical or confusingly similar to a trademark or servicemark in which the complainer has rights;

2.The domain name holder has no rights or legitimate interests in the domain name; and

3.The domain name has been registered and is being used in bad faith.

A series of examples of bad faith are given in the ICANN policy document.

A recent case heard by the WIPO arbitration and mediation centre demonstrates the effectiveness of the procedures. In Digitronics Inventioneering Corporation -v- @Six.Net Registered the two domain names in question were "sixnet.com" and "six.net". The complaint was submitted electronically to the WIPO Centre on 17th January 2000 and a Panel appointed. The claimant alleged that the domain name holder had no rights or legitimate interests in respect of the domain name and that the domain name had been registered in bad faith.

The Panel decided that the respondent had been known by the domain name "Sixnet" even though it had acquired no trademark or servicemark rights. As the complainer had failed to establish that @Six.Net had no rights or legitimate interests in the domain name the application was refused. Of particular interest is the fact that the respondents were a Canadian company and the claimants were registered in New York. Using the WIPO Panel complex jurisdictional problems were avoided. The decision was issued on 1st March 2000 only six weeks after the claim was raised.

Using the WIPO arbitration and mediation centre the parties were able to come to a cost effective resolution to an International dispute within the specified timescale of between 45 and 50 days.




Article Source: http://www.BharatBhasha.com
Article Url: http://www.bharatbhasha.com/domain-names.php/16899

Articles In LimeLight

Azteca Legend (black) Skill Stop Machine: A Critical Review By Brian Garvin And Jeff West Added on Wednesday, May 14, 2008 A Course In Hypnosis - Join And Become Skilled In The Art By Bertil Hjert Added on Wednesday, May 14, 2008 Getting Paid On Time - 7 Tips For Every Small Business By Tara Roitman Added on Wednesday, May 14, 2008 Make Your House Enviable With Split Air Conditioner By Roberto Sedycias Added on Tuesday, May 13, 2008 Can You Cheat Online Roulette Using Software? By Karl Aage Isaksen Added on Wednesday, May 14, 2008 Why You Have To Listen First And Speak Later In Second Language Learning By Douglas Bower Added on Tuesday, April 29, 2008 Fantastic Boat And Bike Cruises In Holland By Thijs Hodde Added on Tuesday, May 13, 2008 Home Loans For People With Very Bad Credit - Improve Your Chances Of Getting Approved By Carrie Reeder Added on Tuesday, May 13, 2008 Pitch Shot - Get It Close High Or Low By Brad Myers Added on Tuesday, May 13, 2008 How To Treat Fingernail Fungus Infection By Darren W - Added on Tuesday, May 13, 2008 Men’s Jewelry - We Call It "Bling" By Jason Tye Added on Tuesday, May 13, 2008 The Qualities In Horse Racing Systems That Matter By Delrick Mckay Added on Wednesday, May 14, 2008 How To Prune Rose Bushes Properly By K. Finch Added on Tuesday, May 13, 2008 Getting Rid Of Mildew On Your Roses By K. Finch Added on Tuesday, May 13, 2008 Credit Repair: Statute Of Limitation Tips By Jim Kemish Added on Wednesday, May 14, 2008 Prefabricated Storage Sheds By Camille Howe Added on Friday, April 18, 2008 The Benefits Of American Express Air Miles Credit Card To Card Members By Devin Gilliland Added on Tuesday, May 13, 2008 The Gucci Handbag - Quality And Great Fashion Sense By Tori A Hewitt Added on Tuesday, May 13, 2008 Making And Eating Sunflower Seeds By Ryan J Bell Added on Wednesday, May 14, 2008 Free Dating Website: What Is Available And Can You Join Free? By Alan Lim Added on Wednesday, May 14, 2008