RESOLUTION #2
ICANN-NCDNHC, Nov 13th, 2000
Resolution on the UDRP
- The party filing a UDRP complaint should not have the exclusive right to determine which arbitration organization will hear the complaint.
The DNSO should create a working group that is tasked with providing guidelines for the UDRP to make the process work better, consistent with the public's rights to use words in domain names. The chair of the working group should be a representative of the non-commercial constituency
The expansion of the TLD name space, particularly for differentiated TLD names, makes it important for UDRP panels not to assume that rights in a SLD for one TLD provide automatic rights in all TLD strings. Several UDRP panels have decided that a service mark, in any country, automatically gives the owner of the service mark exclusive rights to .com, .net and org. This way of thinking should be remedied and not expanded onto the new TLD name spaces. Also, some TLD strings, by their very nature, will require special modifications of the UDRP approach if the UDRP is applied at all. In restricted TLD only bona fide entities within the targeted community, might bring complaints against each other. The UDRP should not become a weapon against civil society.
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