Cyber squatter is continuously involved in offence of blocking domain name on the name of popular companies or celebrities. It is emerging as a serious threat. A mass domain name registration by unauthorised resellers is leading to trafficking in well-known brands and are stepping stones to fraud, phishing and smishing.
Allegations of cybersquatting by trademark holders continued to rise in 2008, with a record 2,329 complaints filed under the Uniform Domain Name Dispute Resolution Policy (UDRP), a quick and cost-effective dispute resolution procedure administered by the WIPO Arbitration and Mediation Center. This represented an 8% increase over 2007 in the number of generic and country code Top Level Domain (gTLDs and ccTLDs) disputes handled and brings the total number of WIPO cases filed under the UDRP since it was launched ten years ago to over 14,000. India-based entities have filed 219 such cases in the last five years.
In 2008 cases covered a wide variety of sectors, reflecting prevailing public interest, business activity and upcoming events (e.g., Singapore Flyer observation wheel, Madrid 2016 Olympic bid, Montreal Jazz Festival, Golden Globes); transportation (e.g., Air France, Austrian Airlines, BMW, Lufthansa, Southwest Airlines, Subaru); hotels (e.g., Taj Hotels, InterContinental Hotels, The Sheraton/Westin Hotels); media and publishing (e.g., the BBC, Edmonton Journal, National Geographic, Harvard University Press); educational institutions (e.g., The John Hopkins University, Sydney University, Yale University, TOEFL); computers and electronics (e.g., Research in Motion’s BlackBerry, computer manufacturer Gateway, Samsung); sports teams, leagues and personalities (e.g., English Premier League, the Arsenal Football Club, as well as its player Cesc Fàbregas, yachting’s Volvo Ocean Race, former basketball star Dennis Rodman, Adidas); actors and personalities past (e.g., Ian Fleming, Gene Kelly) and present (e.g., Scarlett Johansson); fashion (e.g., Christian Dior, Lancôme); popular culture (e.g., Barbapapa, Bob the Builder, Marvel Comics’ Xmen); numerical identifiers (e.g., 4711); and other familiar enterprises and groups such as Breitling, Canada Post, Coca-Cola, Ebay, Ghirardelli Chocolate, the International Organization for Standardization (ISO), Google, Hard Rock Café, LEGO, Nestlé, Ticketmaster, and Western Union. A case was also filed by the Thomas Jefferson Foundation in relation to the Monticello estate.
The top five sectors for complainant business activity were biotechnology and pharmaceuticals, banking and finance, Internet and IT, retail, and food, beverages and restaurants. As in 2007, pharmaceutical manufacturers remained the top filers due to numerous permutations of protected names registered for web sites offering or linking to online sales of medications.
In order to solve this problem there is needed new amendments on IPR policy and to redesign the process of domain name allotment. Besides require more number of independent arbitration and mediation of Intellectual Property disputes.
Prabhat Tiwari
Manager: Fraud Management System
Agape Inc.