Domain Name Publications

Here are my recent publications on domain name dispute resolution – you can download a copy by clicking on the title.

WIPO and IP Dispute Resolution. This chapter explores and evaluates the dispute resolution services provided by WIPO through its Arbitration and Mediation Centre established in 1993.  It considers in detail the most important (as judged by impact) of these – the resolution of domain name disputes under the UDRP and its derivatives.

An Empirical Analysis of 15 Years of Australian Domain Name Disputes. An empirical analysis of all 470 cases decided in the first 15 years of the operation of the auDRP. This study identifies the factors associated with a complaint’s success, and evaluates the fairness of this system for resolving disputes between trademark owners and domain name registrants.

auDRP Overview 1.0. This is a compendium of consensus views of panels on key legal and procedural issues under the auDRP, drawn from the 330+ cases that have been decided from inception of the auDRP, on 1 August 2002, to 15 July 2014.

Online Dispute Resolution – the Phenomenon of the UDRP Chapter 16 in Paul Torremans (ed), Research Handbook on Cross-Border Enforcement of Intellectual Property (2014, Edward Elgar, Cheltenham, UK and Northampton, MA, USA). This chapter reviews the history and practical utilisation of the UDRP, and identifies and evaluates the criticisms of the UDRP.

The Evolution of Precedent in Mandatory Arbitration – Lessons from a Decade of Domain Name Dispute ResolutionThe Arbitrator and Mediator, Vol. 30, No. 1 (2011). This paper explores why and how, exactly, the ICANN UDRP system for mandatory arbitration of domain name disputes has evolved a comprehensive and largely non-controversial body of precedent, despite the absence of an appellate body and a doctrine of stare decisis.

The ICANN Domain Name Dispute Resolution System as a Model for Resolving other Intellectual Property Disputes on the InternetJournal of World Intellectual Property, Vol. 5, No. 1 (2002). This article explains the reasons for the effectiveness of the ICANN UDRP system for resolving domain name disputes, and how that system could be used to resolve disputes about misuse of other IP on the Internet.