| .COM companies are all the rage with the stock | | | | interests in the domain name; and |
| market riding high and falling as the mood shifts. | | | | 3.The domain name has been registered and is being |
| Everybody it appears is going on-line and there has | | | | used in bad faith. |
| been a massive rush to register all manner of domain | | | | A series of examples of bad faith are given in the |
| names. In February 2000 there were over 200,000 | | | | ICANN policy document. |
| .co.uk domains registered compared to just under | | | | A recent case heard by the WIPO arbitration and |
| 15,000 at the same time last year and there were | | | | mediation centre demonstrates the effectiveness of |
| just under 9,500,000 .com domains registered by 1st | | | | the procedures. In Digitronics Inventioneering |
| March 2000! The domain name is seen as central to | | | | Corporation -v- @Six.Net Registered the two domain |
| any marketing strategy as it is the "sign post" to the | | | | names in question were "sixnet.com" and "six.net". |
| web site hopefully worth millions! | | | | The complaint was submitted electronically to the |
| However, due to the simple fact that the internet is | | | | WIPO Centre on 17th January 2000 and a Panel |
| global, there are not enough domain names to go | | | | appointed. The claimant alleged that the domain name |
| round and problems arise when there are competing | | | | holder had no rights or legitimate interests in respect |
| businesses with the same name. To address this | | | | of the domain name and that the domain name had |
| problem the World Intellectual Property Organisation | | | | been registered in bad faith. |
| (WIPO) through their Arbitration and Mediation | | | | The Panel decided that the respondent had been |
| Centre established a dispute resolution service to | | | | known by the domain name "Sixnet" even though it |
| allow a cheap and effective means of resolving | | | | had acquired no trademark or servicemark rights. As |
| disputes without going to court. It follows the | | | | the complainer had failed to establish that @Six.Net |
| Internet Corporation for Assigned Names and | | | | had no rights or legitimate interests in the domain |
| Numbers (ICANN) dispute resolution policy which | | | | name the application was refused. Of particular |
| deals with disputes concerning .com, .net, and .org | | | | interest is the fact that the respondents were a |
| domain names. | | | | Canadian company and the claimants were registered |
| The ICANN procedure is only available for disputes | | | | in New York. Using the WIPO Panel complex |
| concerning allegedly "abusive" registration of the | | | | jurisdictional problems were avoided. The decision |
| domain name. There are three criteria that have to | | | | was issued on 1st March 2000 only six weeks after |
| be met. | | | | the claim was raised. |
| 1.The domain name is identical or confusingly similar to | | | | Using the WIPO arbitration and mediation centre the |
| a trademark or servicemark in which the complainer | | | | parties were able to come to a cost effective |
| has rights; | | | | resolution to an International dispute within the |
| 2.The domain name holder has no rights or legitimate | | | | specified timescale of between 45 and 50 days. |