The UDRP process is archaic and belongs to the dinosaur era.
We witness domains registered a decade or more ago, being challenged by individuals or entities formed in recent years or even months. The SaveMe.com case is one such example.
The question is: why are these domains being challenged now instead of the late 90’s or early 2000’s?
The answer is simple: because the value and ‘street price’ of domains has gone up.
In the past, it was easier to wait it out with names in non-com TLDs or other .com variations of one’s corporate or business name.
It became clear, that the dot com exact match is …unmatchable, and those would-be suitors simply attempt to wrestle domains away via the UDRP process. It’s an ongoing reverse domain hijacking.
The UDRP process needs to change. It must grandfather all domains registered a reasonably long time ago, for example, seven years ago. This is the initial timeframe that one’s trademark is registered for at the USPTO.
If a domain registered seven years ago or more remains unexpired, it should not be possible to be challenged at the WIPO or NAF via the UDRP process.
It’s that simple. But will it be adopted?
“…If a domain registered seven years ago or more remains unexpired, it should not be possible to be challenged at the WIPO or NAF via the UDRP process…”
Agreed. Good suggestion. The current domain ownership lottery is unsustainable.
totally agree. the udrp process is basically criminal.
TOTALLY agree! Also, they need to provide for attorney fees and/or punitive damages to the Respondent who successfully wins a claim of reverse hijacking. Presently, the claim has no teeth and Plaintiffs have nothing to lose with the frivolous attempt to steal a valuable domain.
Good to see we all share some ‘common sense’ 😀 But why ICANN doesn’t?
Also there should be an adverse possession rule. if you own a domain for seven+ years, open and notoriously, no one should be able to demand it from you. Period. this recent johnny come ten years lately stuff is just wrong.