The Uniform Dispute Resolution Policy: a comparative study of Nominet, .eu ADR, US and UK legal system to find a proposal for an amendment

Abstract

The Uniform Dispute Resolution Policy (UDRP) covers name disputes especially cases relating to conflicts between domain name registrants and trade mark owners. The UDRP has been used since 1999 until today without any major amendment, although a decade has passed and the numbers of domain name disputes have originally increased and today remain a sore policy and jurisprudential issue. The major problem of the UDRP is that it recognizes trade mark rights but panelists have extended its use to almost every type of disputes including geographical indications, personal names, and common words. Moreover, with the inconsistency of decisions, it is difficult for users to rely on the system as a self sufficient method of dispute resolution. The inconsistency of decisions leads to forum shopping and a shift in balance of justice. The thesis attempts to propose recommendations for an amendment of the UDRP by studying four legal systems of domain name dispute resolution. It begins with Nominet UK, the sole registrar of all .uk domain names. Then, it moves to the system of .eu Alternative Dispute Resolution (ADR) for all .eu domain names. It then moves to proper legal systems starting with the US. It concludes the analysis with a study of disputes in the English judicial system. The author hopes that the studies can bring together some credible suggestions for the amendment of UDRP.