Division Co-authors:
Megan Kirk (University of Washington School of Law ’02)
Amy Bender (Harvard Law School ’03)
This division addresses
procedural issues that arise when a domain name is challenged. Think of this division as the who, what, when, and
how of the dispute. Each chapter discusses a
particular question.
CHAPTER 1.1
- APPLICABLE
DISPUTES AND MODIFICATIONS OF THE POLICY (When would someone
challenge a domain name?)
Topic 1.1.1 - Applicable Disputes (Under what circumstances
can someone challenge a domain name?)
Topic 1.1.2 - Applicable Top Level
Domains (Does the Policy apply to .com, .net, and .org?)
Topic 1.1.3 - Modifications of the Policy (What happens
when the Policy changes?)
Topic 1.1.4
- Timing
CHAPTER 1.2
- JURISDICTION (ARE YOU BOUND BY THE UDRP?)
Topic 1.2.1
- Jurisdiction Over Domain Names Registered Before UDRP Took Effect
CHAPTER 1.3
- PROOF IN GENERAL (WHO MUST PROVE WHICH ELEMENTS OF THE POLICY?)
CHAPTER 1.4
- APPROPRIATE SUBJECT MATTER
(WHAT SUBJECTS SHOULD PANELS CONSIDER WHEN DECIDING A DISPUTE?)
Topic 1.4.1
- Issues of Fact (What issues may Panels address?)
Topic 1.4.2
- Claims of Trademark Infringement
Topic 1.4.3
- Existence of Common Law Trademark
Topic 1.4.4
- Establishing a Common Law Trademark
Topic 1.4.5
- Validity of Trademark Registration
CHAPTER 1.5 - RES JUDICATA
(WHEN CAN A COMPLAINT BE RE-FILED?)
Topic 1.5.1
- Definition of a Re-filed Complaint
Topic 1.5.2
- Effect of Multi-Party and Multi-domain Disputes (What happens when there
was more than one Complainant, Respondent, or domain name involved in the
original dispute?)
Topic 1.5.3
- Re-filed Complaint Concerns Act(s) That Formed the Basis of the Original
Complaint
Topic 1.5.4
- Re-filed Complaint Concerns Act(s) Subsequent to the Dismissal of the
Original Complaint
CHAPTER 1.6 - CHALLENGING
NEW TOP LEVEL DOMAINS
Topic 1.6.1
- Sunrise Challenges (.info)
Topic 1.6.2
- Complaints concerning .biz
CHAPTER 1.7 - UDRP RULES
Topic 1.7.1
- Rule 1 - Definitions
Topic 1.7.2
- Rule 3 - The Complaint
Topic 1.7.3
- Rule 5 - The Response
Topic 1.7.4
- Rule 7 - Impartiality and Independence
Topic 1.7.5
- Rule 8 - Communications Between Parties and the Panel
Topic 1.7.6
- Rule 10 - General Powers of the Panel
Topic 1.7.7
- Rule 11 - Language of the Proceedings
Topic 1.7.8
- Rule 12 - Further Statements
Topic 1.7.9
- Rule 13 - In-Person Hearings
Topic
1.7.10 - Rule 14 - Default
Topic
1.7.11 - Rule 15 - Panel Decisions
Topic
1.7.12 - Rule 16 - Communication of Decision to Parties Topic
1.7.13 - Rule 17 - Settlement or Other Grounds for Termination
Topic
1.7.14 - Rule 18 - Effect of Court Proceedings
CHAPTER 1.8 - SUPPLEMENTAL
RULES (PROVIDERS' OWN RULES)
Topic 1.8.1
- Effect of Supplemental Rules
CHAPTER 1.9 - REMEDIES
(WHAT ARE THE RESULTS OF A UDRP?)
Topic 1.9.1
- Remedies
Contributors:
Mark Gurevich (Harvard Law
School ’04)
Patrick Lewis (Harvard Law School ’04)
Simon A. Maeder
Mike Zarren (Harvard Law School
’04)
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