NEW YORK, NY – There is a new trend out there and you won’t notice it by searching Google Trends. No, it’s a quietly growing trend that is not something most people know about. It’s also not something most people will fight for, but the ICA is working on a resolution, and it looks like that resolution can’t come fast enough. Because it is being used by corporate greed mongers who hadn’t thought fast enough; they would like to grow their brands and businesses by stealing what rightfully belongs to others who simply out-thought them. The writing is on the wall.
I’m sure many who read this article will have heard that there is a growing number of UDRP proceedings against three letter domain names as of late. It’s like the new thing to do I guess. Some of these theft attempts are three letter domains such as ADO.com, AEX.com, DME.com, OST.com, IVI.com, IMI.com and probably more than I am not aware of.
Most have something in common; their arguments are, for the most part, baseless and examples of ‘reverse domain name hijacking’ attempts.
But that does not stop their filings.
The ICA, (“The Internet Commerce Association”) believes that although the UDRP process has largely been successful in providing a simple mechanism for solving these types of disputes, its rules and guidelines have not been reviewed since its inception, 18 years ago. In fact, it is not even scheduled for review at any point in the future, as its creation did not detail a requirement for review. The ICA believes that it is time for review, discussion, re-evaluation and suggested improvements and has already begun advocating to ICANN stakeholders that such an important part of the domain name system should not be without requirements for review at scheduled intervals. This process began with the release of its 2018 UDRP Reform Policy Platform (Version 1.0 PDF) back in January of this year. Further versions will become available after what ICA expects to be “vigorous and constructive discussion”.
It is indeed time for common sense UDRP reform before having the insight and opportunity to purchase a great domain, although you might not have used it yet, has become more a business liability and risky investment, then a benefit.
It’s truly unbelievable. There is enough things to worry about when considering the purchase of a domain name; we didn’t need this new worry of whether or not someone would try to ‘legally‘ steal it from us.
Hey John, this is a more serious issue for domain owners who have their portfolio parked. Owners using their name in good faith can easily demonstrate section (ii) and section (iii) of the UDRP requirements are not present which would likely prevent the UDRP before it even started.
https://www.icann.org/resources/pages/policy-2012-02-25-en
That said, if the domain is parked or advertised as “for sale” it can open the doors necessary to take advantage of certain loopholes of the current system.
Finally, the most important thing a domain owner can do is have a very legitimate reason to buy the name. People buying domains as an investment have a tougher argument for “registering the name in bad faith” than end users that create a brand on the domain. It then becomes a question of whether or not the brand infringes on other intellectual property but that is not an argument for UDRP/WIPO panels and likely must be heard in Federal Court if a plaintiff is serious enough.
I have a very interesting story about a domain I leased several years ago John, if you would like to chat more. Hope this was helpful.
I hear you; however one that comes to mind was IMI.com; developed site, perfect name; sheer insanity. I’d like to hear that story….. Email it to me when you have time Michael. Thanks for reading. EMail is here: https://icannwiki.org/John_Colascione