[registration-issues-wg] [CPWG] [GTLD-WG] WIPO FAQ page on GDPR and its impact on the UDRP.

Greg Shatan greg at isoc-ny.org
Mon Sep 3 04:12:27 UTC 2018


I'm not sure what you mean by this, since UDRP cases aren't "solved".

It's unclear whether this statistic is the number of cases filed each
month, or the number of cases decided each month.  But that doesn't really
matter.

UDRP cases can be filed even in the absence of information regarding the
identity of the registrant.  That's not the issue, and I don't believe
there were any claims that WHOIS partly "going dark" would result in fewer
cases being filed.  If anything, more cases (but not better cases) may be
filed (see #1 below).

The issues that are caused by lack of registrant information include the
following:

1.  The potential complainant won't be able to tell whether the registrant
may have a legitimate interest in the domain name, and whether that right
predates the complainant's rights.  This could result in cases being filed
that wouldn't be filed with better information.
2.  The potential complainant will have a much tougher time determining
whether the registrant engages in a pattern and practice of cybersquatting
(since the identity of the registrant will not be known at the time of the
complaint).
3.  The potential complainant will have a much tougher time determining
whether other infringing domain names are owned by the same registrant.
4.  It will be more difficult to consolidate cases, since it won't be
immediately clear that domains in different are under common control.

Best regards,

Greg

On Mon, Aug 27, 2018 at 3:33 AM gtheo <gtheo at xs4all.nl> wrote:

> So far the numbers of solved UDRP's under the GDPR regime remains the
> same compared to last year.
>
> http://www.wipo.int/amc/en/domains/statistics/cases_yr.jsp?year=2018
>
> WIPO has a lot of statistics;
> http://www.wipo.int/amc/en/domains/statistics/
>
> Best,
>
> Theo Geurts
>
>
>
>
> Dev Anand Teelucksingh schreef op 2018-08-26 09:04 PM:
> > the WIPO Center has produced the present Q&A on the GDPR’s relation
> > to the UDRP.
> >
> > http://www.wipo.int/amc/en/domains/gdpr/
> > _______________________________________________
> > CPWG mailing list
> > CPWG at icann.org
> > https://mm.icann.org/mailman/listinfo/cpwg
> >
> > _______________________________________________
> > registration-issues-wg mailing list
> > registration-issues-wg at atlarge-lists.icann.org
> > https://mm.icann.org/mailman/listinfo/registration-issues-wg
> _______________________________________________
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> _______________________________________________
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>
> Working Group direct URL:
> https://community.icann.org/display/atlarge/New+GTLDs



-- 
Greg Shatan
greg at isoc-ny.org

"The Internet is for everyone"
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