DSTI/ICCP/TISP(2004)2/FINAL 
One further consideration is worth noting. One of the primary concerns of business users of domain 
names is to protect their customers from fraudulent use of names associated with their business. In some 
instances business users may have already reached the point where they will not contest all names 
containing their trademark as part of a string. Placing a well known brand name, as a key word, into a 
 Whois?  search engine will commonly result in more than several thousand registrations.
37
 In many cases 
firms will only seek to take action against registrants creating Websites that are misleading or fraudulent or 
using e mail in the same manner. This appears to be evident from the number of cases brought before the 
Uniform Domain Name Dispute Resolution Policy (UDRP) system established by WIPO, which have been 
decreasing (
Table 17
). Notably this has occurred at a time of expansion in the number of gTLDs. Some 
attribute this decrease to sunrise periods or other measures adopted by new gTLDs.
38
   
It is worth noting that in 2003 the number of challenges involving names under 
.biz
 and 
.info 
halved 
from the previous year. In the first half of 2004 there appears to have been a significant further reduction. 
Indeed, there were only three UDRP challenges for 
.biz 
from the beginning of 2004 until 7 June 2004 
(Table 18). One notable difference between
 info
 and 
.biz 
is that the latter is intended for business and 
commercial users whereas 
.info
 is open to all registrants. As a result of this policy there is additional 
challenge procedure available for registrations under 
.biz
. The  Restrictions Dispute Resolution Policy  
(RDRP) for .
biz 
is exclusive to that gTLD. The RDRP is used to resolve disputes between domain name 
registrants and third parties asserting that the disputed domain name has been registered in violation of 
the 
.biz
 registration restrictions. Registrations under 
.biz
 must be used or intended to be used primarily for 
bona fide business or commercial purposes.
39
  
Overall the question of whether a tipping point may one day be reached, in terms of firms not 
engaging in defensive registrations, is an open one. The data do indicate a trend toward less challenges 
under UDRP processes even at the time of the introduction of new gTLDs. That being said, if users stop 
challenging infringement of their trademark, a court might see this as being passive in defending that 
trademark and as a consequence, count that against the company for any particular case in the future. On 
the other hand, the court would most likely also consider the reasonableness of defending all potential 
cases if the number of gTLDs is expanded. 
Table 17.  Number of cases involving gTLDs brought before the UDRP Process 
1999 2000 2001 2002 2003 
gTLD UDRP Cases 
1 
1 841 
1 506 
1 181 
1 053 
Source
: WIPO.
40
Table 18.  Number of domain names challenged, involving individual gTLD names, before the URDP Process 
 .com 
.net 
.org 
.info 
.biz 
Total 
Number of names 
1466 235 
123 115 
74 
2013 
(2002) 
Percent of Total 
72.83% 
11.67% 
6.11% 
5.71% 
3.68% 
Number of Names 
1378 177 84  50 
33 
1722 
( 2003) 
Percent of Total 
80.02% 
10.28% 
4.88% 
2.90% 
1.92% 
Number of Names 
673 54 
33 18 
9 
788 
(January June 7th 
2004) 
Percent of Total 
85.53% 
6.85% 
4.91% 
2.28% 
1.14% 
Note
: Some cases involve more than one gTLD in the same case or multiple names under the same gTLD. In other words some 
cases involve more than one domain name. The data shown here are by the number of names rather than the number of cases as in 
Table 17. 
Source
: OECD, based on WIPO. 
 35 




  

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