Are We Getting Good Decisions by Top - Level Domain Name Dispute Resolution Providers?
Are We Getting Good Decisions by Top - Level Domain Name Dispute Resolution Providers?

Summary/Abstract: Internet Corporation for Assigned Names and Numbers (ICANN) offered a unique solution to deal with disputes regarding the registration of internet domain names (the so called trademark dilemma) in 1999. Uniform domain name Dispute Resolution Policy (UDRP) delimits procedural rules to solve such disputes and to create non-binding decisions (binding between involved parties) which approve/reject the transfer of domain names to new (trademark) owners. This paper focuses on the question of whether we are getting good decisions or whether decisions in similar cases are decided more or less randomly. It is also necessary to focus on such a question because of the fact that ICANN is planned to be transferred to the global multi-stakeholder community this year. Is the decisionmaking process ready for such a big change or is it easily malleable? To try to answer this question it will be necessary to go through the history and activities of ICANN and to focus mainly on the UDRP process. Comparison of relevant trademark dilemma cases or statistics will try to show defects of the rules, which are pointing at problems not only recently but already occurring for quite a long time. The conclusion then is to articulate possible future development and to offer some recommendations of what it is necessary to pay attention to.

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