Name: Andrew Allemann
Date: 19 Apr 2022
Original Public Comment: Policy Status Report: Uniform Domain Name Dispute Resolution Policy (UDRP)
Summary of Submission
UDRP mostly works but could use some refining. Many innocent domain owners are forced to defend cases that should not be brought. Of the cases I've read, many of the "bad" cases are situations in which the Complainant's trademark postdates the domain registrant's acquisition of the domain name. Thus, they did not register the domain to target the domain owner. I recommend adding a checkbox on UDRP filings that states, "My trademark rights predate the Respondent's registration of the domain name." This would get filers to think twice and would prevent a lot of reverse domain name hijacking cases from being filed.
I would also like to comment on a calculation in the data that ICANN's staff pulled together. The report frequently cites a Complainant win rate of 78%. This is calculated by taking the total wins divided by cases filed. But many cases are withdrawn or settled, so this number is distorted. If you look at the number of cases decided, 92% are in favor of Complainants. Most of the withdrawn cases are due to settlements in which the domain owner hands over the domain. So the win rate is quite high for Complainants, and I think using any number less than 92% is misleading.