The ICANN Uniform Dispute Resolution Policy Essay Example

the Internet. This breakthrough can be likened to the impact Microsoft Windows had on the PC market, revolutionizing previously dull programs based on DOS. Initially, both individuals and businesses failed to grasp the potential of the Internet.

Similar to the Television set, the Internet was initially perceived as a temporary trend. Nonetheless, its immense potential quickly became apparent to everyone. Although it had not yet evolved into the sophisticated e-commerce, entertainment, and information hub that we are familiar with today, every company feared being left behind and desired an online presence. Consequently, there was a substantial surge in domain registrations.

The initial wave of domain name disputes occurred when certain businesses were unable to obtain their desired domain names due to prior claims made by others. These issues arise from the nature of domain names, which serve as shorthand or abbreviations for internet addresses. Each online data-providing server possesses a distinct address that enables other computers to locate it. Typically, this address takes the form of a lengthy string of digits called an IP address, which is formatted in dotted decimal notation.

A common IP address may appear as 150. 237. 176. 8 which is not easily memorable or shareable.

The Domain Name Service (DNS) is used to provide an easily recognizable and non-permanent domain name, as an IP address may require a change. For instance, 'hull. ac'.

The University of Hull utilizes the "uk" domain name, which requires a DNS server to convert the domain name into an IP address. This process enables computers to be located on the Internet. For hull.ac.uk, the corresponding IP address is 150.

The domain name, similar to the IP address, is unique and

exclusively associated with a single company or individual (237. 176. 8).

A domain name is made up of different parts, including a second level domain (SLD) called 'acme' and a generic top level domain (gTLD) represented by '.'.

TLD's like '.com' are identifiers that are not associated with any specific country. Similarly, other examples of such TLD's include '.net' and '.org'.

Instead of a '.com', a company may also utilize a national top-level domain (nTLD) like '.uk'. There are numerous other national top-level domains (nTLD) available, ranging from '.uk' for the United Kingdom to [...].

Each domain name is distinct but may be registered with various extensions, like 'acme.net', 'acme.co.uk', or 'acme.zw' for Zimbabwe.

In terms of the Internet, having a domain name is essential, similar to having a brand name or trademark. It is preferable to have a short and concise name, such as 'acme.com', rather than 'acme-computers-ltd.com'. Moreover, numerous companies also favor including a '.' in their domain names.

The 'acme.com' domain name is highly esteemed by many people because it is a widely recognized commercial top-level domain (gTLD) that has a worldwide presence and an exceptional name. Nevertheless, conflicts regarding ownership are expected to occur due to its exclusiveness. In the past, there was no standardized method for resolving these disputes.

Prior to 1995, the commercial use of the Internet was not apparent. Although domain names could be registered, they were not considered valuable for business purposes. Consequently, there were minimal conflicts over domain names, with the exception of a case in 1994 involving Quittner v McDonalds. In this instance, a journalist from 'wired' magazine named Quittner registered 'mcdonalds.com' after discovering that the company

had neglected to secure it. This event is often regarded as the initial occurrence of cybersquatting on the Internet.

He had discovered the simplicity and low cost of registering a domain name, as well as their potential for high commercial value. The dispute between McDonalds and Quittner was resolved peacefully, with McDonalds choosing to donate $3500 to a school instead of pursuing legal action. This case highlighted the undervaluing of domain names and the need for a system to resolve conflicts arising from easy registration and the risk of 'cybersquatting'.

Network Solutions, Inc. held a monopoly over the DNS for gTLD's until 1999. In response to this issue, they implemented a dispute resolution policy. This policy was established without much regulation, allowing them to run the system as they pleased. They enforced a one-sided procedure which permitted any domain name to be suspended solely based on a match to an existing trademark, disregarding any bad intentions or unauthorized use. However, this policy had several procedural disadvantages. Firstly, it only acknowledged domain names that were exactly identical to the trademark in question.

NSI did not use the trademark of 'McDonald's' to evict cybersquatters who owned 'macdonalds.com' or 'mcdonlds.com'. Additionally, NSI's policy did not deter 'reverse domain name hijacking', where intellectual property holders acquired domain names from legitimate holders through their commercial influence. This policy was ineffective, as legitimate domain holders lacked the resources to defend themselves in litigation. Furthermore, the registration of domain names by 'cybersquatters' was common due to its simplicity and affordability.

Due to the enormous commercial value, many companies lacked the means to challenge every instance on the Internet. Consequently, the previous 'free for all' and unstructured

nature of the Internet became unsuitable. The solution came in the form of ICANN and its UDRP, which was widely praised as a more organized and less improvised approach.