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Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy (With L. Helfer), Graeme B. Dinwoodie
Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy (With L. Helfer), Graeme B. Dinwoodie
Graeme B. Dinwoodie
The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by …