New Weapon Against Reverse Domain Name Hijacking - Page 2

they can to tip the balance the other way," added Phillips, who has represented a number of trademark holders in lawsuits against alleged cybersquatters.

ICANN originally established the UDRP process to keep domain disputes out of the expensive court system. But panel-stacking by both sides proves, according to Phillips, that the dispute process is flawed.

"I never advise a client to use the UDRP. I'd much rather go into a court where you know you're going to get an independent judge who's subject to review on appeal. There's an inherent fairness that you're never going to get in the UDRP process," said Phillips.

If the latest panel-rigging strategies result in both sides in disputes losing faith in the UDRP process, it's likely there will be a call for changes from ICANN. But as long as trademark holders continue their winning percentage, chances are the UDRP will remain a popular way to evict cybersquatters.