ICANN Enacts Arbitration Process

The Internet Corp. for Assigned Names and Numbers Tuesday made changes to its procedures governing the resolution of domain name disputes.

The group selected The National Arbitration Forum to hear cases where an individual or company believes another has registered a well-known name in hopes of later reselling it for a larger fee. ICANN rules require that cases involving a domain that is similar to a trademark or service mark be resolved in a hearing. Previously, only the World Intellectual Property Organization, a United Nations’ body, was allowed to handle the disputes.

Arbitrators from the NAF will review cases and issue awards within 45 days. All decisions will be binding unless both parties agree to a court review shortly after the first ruling is made. Forum arbitrators are all former judges that are selected based on their reputation and trial experience, among other factors.

“This selection literally brings the courthouse to your desktop. At a time when the Internet offers the great opportunites and the greatest business threats, all users can be assured of timely access to justice for their trademark infringement grievances,” said Edward Anderson, the forum’s managing director.

In late May, ICANN gave a preliminary nod to the WIPO’s cybersquatting proposal which recommended a system be put in place that would prevent others from registering a similar domain name, either on a worldwide or regional basis.