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03|22|2010 01:33 pm EDT

Report on UDRP Decisions from National Abitration Forum Issued

by Frank Michlick in Categories: Legal Issues

Toronto based Domain Name Lawyer Zak Muscovitch has published a study on UDRP decisions by the National Arbitration Forum (NAF) on his DNAttorney website. The Muscovitch law firm also introduced a free sign-up to receive NAF Case Update, since the NAF does not yet offer such a service.

The report finds that 10% of all cases were heard by 1 of the 141 panelists, Carolyn Marks Johnson. Marks Johnson is also one of the top 5 panelists (rank 3 with 92.7%) by the percentage of cases where the domains were transferred to the complainant.

Zak Muscovitch, a domain name lawyer and publisher of the report, says “The National Arbitration Forum has provided years of service in trademark and domain name disputes. Greater transparency is required in order to explain the concentration of cases amongst certain panellists. ICANN should revisit the Rules and require that panel appointment is always random. Otherwise, there will be an apprehension of an unfair process amongst some observers and stakeholders who believe that the selection of the panellist is of paramount importance and has a substantial likelihood of affecting the outcome of cases.

Read the full report at DNAttorney.com.

At the same time also significant changes to the UDRP process came into effect at another provider, the Czech Arbitration Court (CAC) – the Fast Track UDRP process. Jim Davies, an IP Consultant and Solicitor (England & Wales) at Wrays Lawyers in Perth, Western Australia writes about the apparent loss of control from ICANN over the UDRP process and providers. According to Davies ICANN should require approval of the new rules/process before it can take effect.

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March 22, 2010 @ 7:48 pm EDT

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