| Data on UDRP Bias:
Professor Geist has updated the study of UDRP bias discussed
at page 39 of the casebook. Analyzing the results of
all cases decided through Feb. 18, 2002, he concludes that
complainants win 83 percent of single-member panel cases
(83% of WIPO cases, 86% of Nat'l Arb. Forum cases, and 64%
of eResolution cases). Complainants win only 58% of
three-member panel cases (62% of WIPO cases, 49% of NAF
cases, and 50% of eResolution cases).
Looking separately at cases in which there is no response
(54% of all cases), the complainant wins 94% of the time
(92% of WIPO cases, 98% of NAF cases, and 79% of eResolution
cases.
Looking separately at cases in which a response is filed,
complainants win 68% of the single-member panel cases (70%
of WIPO cases, 69% of NAF cases, and 50% of eResolution
cases). For three-member panel cases in which a
response is filed, complainants win 46% of the cases (48% of
WIPO cases, 42% of NAF cases, and 47% of eResolution cases).
The study notes that eResolution (plainly the least
complainant-friendly dispute-resolution provider) is now in
bankruptcy. It ceased operations in the early months
of 2002.
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Cybersquatting: There are several recent
cases of interest on cybersquatting. The material that
follows provides citations to three of the most interesting
cases, links to edited versions of those cases, and a
multi-part problem that you can assign to cover the content
of those cases.
* Problem S2
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Before Zuccarini at page 44, add Taubman v. Webfeats. The text is available here.
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Laurence R. Helfer & Graeme B. Dinwoodie, Designing
Non-National Systems: The Case of the Uniform Domain Name
Dispute Resolution Policy, 43 William & Mary L. Rev. 141
(2001) -- a comprehensive analysis of the development
of the UDRP and the problems manifested in its operation.
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For a thorough and highly readable account of the
difficult process that led to the formation of ICANN,
see Milton L. Mueller, Ruling the Root: Internet
Governance and the Taming of Cyberspace (2002).
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To get always up-to-date information about ICANN, we
recommend the various web pages of Michael Froomkin,
including his main page at http://www.law.tm
and also a page at www.icannwatch.org.
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Jonathan Weinberg, ICANN and the Problem of
Legitimacy, 50 Duke L.J. 187 (2000), contains a good
overview of the history of the domain name system and
ICANN's ongoing problems.
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