[Gnso-rpm-trademark] Analysis Group Analysis of the Dispute Rate

[Amr Elsadr]

Dear Sub Team Members,

On the 2 June Sub Team call, Sub Team members requested a summary of the data in the Analysis Group (AG) Revised Report on domain name registrations corresponding to exact matches in the TMCH that subsequently resulted in a dispute (UDRP/URS) being filed “Dispute Rate”.

In order for the AG to identify the Dispute Rate, they matched the Claims Service notification data (the trademark string information downloaded by registrars, which totaled 1,810,546 downloaded trademark records) to the UDRP/URS dispute data between October 2013 and February 2016. In its analysis, the AG also identified roughly 17,500 disputes filed between January 2014 and December 2015 (16, 933 UDRP cases and 568 URS cases) with 5 UDRP/URS providers. As previously discussed, the AG did not distinguish between UDRP and URS cases in its analysis of the Dispute Rate. Using Whois registration data, the AG also examined whether third-party registrants (non-TM holder registrants) registered domain names matching trademark strings in the TMCH during and/or after the Claims service period.

12.9 % of the dispute data was found to match registrations made in the Claims Service notifications data. Out of the roughly 1.8 million trademark records downloaded, 1,696,862 were excluded from this analysis, as they did not result in completed domain name registrations (this number represents the 93.7% abandonment rate in the AG report). This left a total of 113,684 completed registrations, of which 346 (0.3%) were disputed within the analysis period, representing the Dispute Rate. For further reference, please check Table 4 on page 18 of the AG Revised Report.

The AG concluded that this dispute rate may have been low for several possible reasons:


·         Bad-faith registrations may have been largely abandoned when a Claims Service notification was received

·         Disputes might have been filed at a date past the conclusion of the analysis period due to a lag between the time a domain is registered and discovered by a trademark holder, and when a dispute is filed

·         TM-holders might have considered disputing registrations in new gTLDs to be of lower priority than those registered in legacy TLDs, like .com

·         TM-holders might have also resolved issues with domain registrants outside of the formal dispute process

I hope this brief summary is helpful. If there are further questions that staff can help with, please do let Mary and I know.

Thanks.

Amr
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