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[gnso-idn-wg] Update regarding UDRP
- To: <gnso-idn-wg@xxxxxxxxx>
- Subject: [gnso-idn-wg] Update regarding UDRP
- From: "olof nordling" <olof.nordling@xxxxxxxxx>
- Date: Mon, 18 Dec 2006 21:34:23 +0100
Dear all,
When I sent you the mail regarding WIPO's UDRP proceedings involving IDN
domain names, I also promised to get back to you with any comments directly
from WIPO on this. Below is a quote on the substance in question, from a
mail I have received from WIPO:
"In our UDRP experience to date, we have not come across a need to review
the UDRP to accommodate specific concerns arising in IDNs. At least in the
cases so far before the WIPO Center, panelists have not expressed great
difficulty in applying the UDRP as currently drafted in the IDN environment.
Nevertheless, it should be noted that in the majority of such cases, the
script of the trademark and the domain name were the same. Hence, one of
the primary issues that could be occasioned by IDNs, namely, addressing the
first element of the UDRP (identical or confusingly similar) when the
trademark and the domain name are in different script, did not arise in
those cases. We believe that this issue would be best left to be developed
by UDRP panelists in specific cases, and it would be through such experience
that we may revisit whether there is a need to review the UDRP in light of
the new IDN environment.
On our part, as a UDRP service provider, disputed domain names being IDNs
entails identifying panelists who are familiar with the script of the
trademark, script of the domain name and the language of the proceeding."
I trust you will find this helpful for our further deliberations in the WG.
Very best regards
Olof
PS. A friendly reminder to all of you to please add issues and suggestions
to the issue list I'm compiling, so far based on our meetings in Sao Paulo.
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