US-China spat ramps up over key UN post

The United Nations intellectual property agency (WIPO) is the latest front in the US-China trade war.

http://www.theage.com.au/world/sad-ambassador-slams-us-attack-on-chinese-bid-for-wipo-20200226-p544tg.html?btis

Australian Francis Gurry is the outgoing head of the UN World Intellectual Property Organisation.

Tomorrow is gTLD Reveal Day

It is anticipated that 1,900 applications have been made for new gTLDs.  Information will be posted here tomorrow.

For background about the gTLD process and new gTLDs, see: B and T; and Mallesons.

What should you know for Reveal Day.  See "10 things" article. 

See also ICANN and here and WIPO LRO page.

Domain names

Discussion for this week's lecture will include:

• what is a domain name? 
• who ultimately controls domain names - what roles do ICANN, auDA play? 
• what legal rights do you have in a domain name?
• how much are domain names worth?
• what is cybersquatting?
• how can you resolve domain name disputes?  Please be familiar with the elements of the UDRP and the auDRP.  Are these processes preferable to court?  What are the advantages and disadvantages of each option?
• how would you go about judging a domain name dispute under the UDRP?  Are the decisions consistent?
• what other policies and legal issues impact on an entitlement to domain names?
• new GTLDs

UDRP - Bad Faith Registration

In a UDRP proceeding against a cybersquatter, the Complainant has to prove three elements. The third element is bad faith registration and use. Some decisions have interpreted this requirement as being bad faith registration only. However, the traditional view that both bad faith registration and bad faith use is required, was supported, by majority, in the recent SimplyBusiness.com decision.

See also this DomainNameWire article.

Note that in Australia, under the auDRP, the requirement is different -- bad faith registration or bad faith use ("domain name has been registered or subsequently used in bad faith").

Article on Domain Name Law

See this brief article that I wrote as an introduction to domain name law.

7s Domain Name Decision

Is it cybersquatting to point a domain name to a website that has no relationship with the semantic meaning of the domain name?

See 7(s) v. Luo decision

Discussion: Domain Name Wire

Domain Name Decision

Recent domain name decision regarding bad faith.

Prime Pictures v. DigiMedia

Cybersquatting

Cybersquatting Cases Hit Record In 2008
WIPO has announced that companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands, and events. The most common business sector in which complaints arose was pharmaceuticals, due to Web sites offering sales of medicines with protected names.