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ICANN

The Internet Corporation for Assigned Names and Numbers (ICANN) is a non-profit corporation that administers the domain name system. ICANN has promulgated a Uniform Domain Name Dispute Resolution Policy (UDRP). Under the UDRP, which is included as a mandatory provision in every domain registration agreement, parties claiming the right to a domain held by another may seek arbitration of the controversy.

The UDRP

As of 7/10/00, ICANN has approved four "dispute-resolution service providers" to arbitrate domain disputes:

CPR Institute

eResolution

National Arbitration Forum

WIPO

ICANN has promulgated rules of practice for domain dispute arbitrations, which service providers may supplement:

Procedural Rules for UDRP Arbitrations

All UDRP arbitral decisions are reported and made available on ICANN's website:

UDRP Proceedings -- by commencement date

UDRP Proceedings -- by domain name

ANTI-CYBERSQUATTING ACT

Arbitration under the UDRP is not the sole source of relief for parties claiming a right to a domain name held by another. Many lawsuits have been brought against domain name holders under trademark, unfair competition, and other theories. In 1999, Congress enacted a statute to extend the ability of trademark holders to seek damages and injunctive relief from so-called "cybersquatters:"

The Anticybersquatting Consumer Protection Act (ACPA)

As of 5/11/00, only one federal appellate court has construed the ACPA, see

Sporty's Farm, LLC v. Sportsman's Market, Inc. , (2d. Cir. 2000)

Several district courts have already followed Sporty's Farm, however.

STATE LAW

Domain name regulation is no longer the exclusive province of international bodies and the federal government. On 8/22/00, California enacted legislation prohibiting "bad faith" use of domain names similar to the names of persons, living or dead.

California's Cyberpiracy Act

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