Rick Schwartz points to an article about reverse domain name hijacking findings, and a much-needed reform in the UDRP process.
In the past, I’ve commented at various domain industry blogs and forums, about one fundamental change that must be incorporated in a potential – and much-needed – UDRP reform.
The reform *must* include this rule: if X (say, 5) years pass since the registration of a domain and there is no legal motion via a UDRP, any future attempts to challenge the domain beyond that time frame will be automatically rejected.
Five years is an ample amount of time for any potential current trademark holder, to find out their mark is being abused and to challenge that domain. This fundamental change would end such comical instances when domains such as SaveMe.com, registered 14 years ago, are retroactively supposed to be infringing on marks still pending in 2012!
So whoever makes the rules, take notice: this isn’t 1994 anymore and the UDRP process needs to be updated.
Yes, but with a caveat.
If the domain has *not* changed registrant / holder since its registration.
Hi Michele – In my opinion, in an era of open trade, the “first dibs” rule should apply. Domains are traded as commodities; the challenging of a domain’s status should not be at stake if it changed ownership on the 4th year of its existence. Currently, without a limitation to the number of years passed since its registration, a domain can be sent to the WIPO simply because it was sold in the past, by complainants with little if any rights to the domain. That’s why RDNH findings must be severe as well.
Even with a 5 year rule there is a big room for improvement.
First of all providers should earn their money by checking if a Complaint meets certain prerequisites. And then as you said RDNH findings must mean something and have consequences.
But there are other problems as well…
How about a penalty of 200% of the domain value payable to registrant. The only problem is how to calculate the value…
Michele – The advantage of having a registered mark is that after five years of unopposed use, the mark becomes incontestable (indisputable, incontrovertible, undeniable). If trademark owner transfer his rights after 5 years to other person or entity, it will still say incontestable.
Am I the only one that thought Chavez had a greate case for saveme.com?
Steve – Apparently.