Wasting Time in Cyberspace: The UDRP's Inefficient Approach toward Arbitrating Internet Domain Name Disputes
![handle is hein.journals/ublr34 and id is 169 raw text is: WASTING TIME IN CYBERSPACE:
THE UDRP'S INEFFICIENT APPROACH TOWARD
ARBITRATING INTERNET DOMAIN NAME DISPUTES
Chad D. Emersont
I. INTRODUCTION
In 1999, a new option for resolving Internet domain name disputes
was introduced with promises of reducing the time and expense in-
curred in domain name disputes.1 Now, as the Uniform Domain Name
Dispute Resolution Policy (UDRP)2 celebrates its recent anniversary,3
many domain name disputes have not benefited from these promises.
Internet domain names are an increasingly important and valuable
asset for many companies and individuals.4 So valuable, in fact, that
some domain names have sold for hundreds of thousands of dollars,
t Chad D. Emerson is an assistant professor of law at Faulkner University's
Thomas Goode Jones School of Law. While working in private practice, he
represented NetLearning, Inc. in the company's litigation against Dan
Parisi. He would like to thank Professors Alex Bolla and Don Garner for
their encouragement, helpful insight, and valuable suggestions in
preparing this article. Professor Emerson also thanks Elizabeth Bern,
Amanda Caves, Kevin Phillips, Tracie Livesay, Norm Templeton, and
Darrel Emerson for their valuable assistance in the researching and editing
of this article.
1. See The World Intellectual Property Organization (WIPO), The Management
of Internet Names and Addresses: Intellectual Property Issues, Final Report of the
WIPO Internet Domain Name Process 49 [hereinafter WIPO Final Report], avail-
able at http://arbiter.wipo.int/processes/processl /report/doc/report.doc
(Apr. 30, 1999) (last visited February 9, 2005); see also Management of In-
ternet Names and Addresses, 63 Fed. Reg. 31741, 31746 (June 10, 1998)
[hereinafter White Paper].
2. Internet Corporation for Assigned Names and Numbers (ICANN), Uni-
form Domain Name Dispute Resolution Policy [hereinafter UDRP], at http://
www.icann.org/dndr/udrp/policy.htm (last updated May 17, 2002). In ad-
dition to the UDRP itself, the UDRP contains procedural rules entitled
Rules for the Uniform Domain Name Dispute Resolution. ICANN, Rules for
Uniform Domain Name Dispute Resolution Policy [hereinafter Rules], at http://
www.icann.org/dndr/udrp/uniform-rules.htm (last updated Feb. 5, 2002).
Neither the UDRP nor the Rules contain any express provisions for appeal-
ing a UDRP decision.
3. See ICANN, Timeline for the Formulation and Implementation of the Uniform Do-
main-Name DiSpute-Resolution Policy, at http://www.icann.org/udrp/udrp-
schedule.htm (last updated Feb. 5, 2002). The UDRP was adopted on Au-
gust 26, 1999, and implementation documents were approved on October
24, 1999. Id.
4. Liji Thomas, Why YouNeedThatPerfectName. Com, at http://www.zongoo.com/
article8457.html (last visited Feb. 9, 2005).](ViewImageLocal?handle=hein.journals/ublr34&div=13&collection=&method=preview&ext=.png&size=3)
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Wasting Time in Cyberspace: The UDRP's Inefficient Approach toward Arbitrating Internet Domain Name Disputes
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