Domain name-trademark conflict resolution: An evaluation of UDRP

摘要

Domain name-trademark conflicts have had a phenomenal growth in the recent past. The international feature of domain names in contrast to a strong national basis of trademarks has made conflict resolution difficult under varying national laws. As a result, an attempt has been made at the international level to resolve domain name-trademark conflicts in the form of the Uniform Domain Name Dispute Resolution Policy (UDRP). The great expectation with which the UDRP was formulated has been realised to a considerable extent, since a large number of cases are settled or being settled under the policy. However, the author presumes that the litmus test of freedom from defect has never been passed by the UDRP. This article attempts to vindicate the above premise by highlighting the relevance of the UDRP in the resolution of domain name-trademark conflicts, and by addressing the areas of concern that require the immediate attention of the legal fraternity. The author concludes that a permanent solution to domain name-trademark conflict presupposes rethinking on the national and international bases of trademarks and domain names respectively.