Watchdog lacks teeth on cybersquatting

The World Intellectual Property Organisation's domain name dispute procedure cannot tackle the serious cybersquatting cases, according to industry analyst Gartner.

The World Intellectual Property Organisation's (Wipo's) domain name dispute procedure cannot tackle the serious cybersquatting cases, according to industry analyst Gartner.

The attack comes after Wipo was recently drafted in to court to support companies in disputes over the registration of domain names that bore a strong resemblance to existing names.

Microsoft featured heavily in one of the cases, disputing the registration of microsof.com and hotmaill.com.

However, Gartner analyst Audrey Apfel said it is impossible for companies to protect every URL combination in all domain name registries that may be confused with their trademark brands.

She said that although Wipo's current procedure to stop cybersquatting allows for a less expensive and quicker resolution of disputes, it does not cover all the bases.

Apfel warned the industry to expect that many future cases will still need significant legal intervention. The introduction of new registries and top-level domains will make the tasks associated with domain name registration and protection more complex.

"Enterprises should design their domain name strategies with the understanding that the names they choose can only minimise their risk of domain name dispute problems, not eliminate them," she said.

The only way to avoid costly legal battles, according to Gartner, is to link domains with trademarks, choose registries that support the Wipo procedures and establish important names in registries beyond .com.

First published on uk.internet.com