A recent report from the World Intellectual Property Organization[1] (WIPO)highlights the continued importance of domain name dispute resolution fortrademark owners. In 2024, WIPO saw strong activity in domain name casefilings, demonstrating the ongoing need for brand protection in the digitalspace. This is especially relevant for businesses engaged in e-commerce.
Key Statistics and Trends
High Case Numbers: In 2024, trademark owners filed 6,168 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) and national ccTLD variations. This was the second busiest year for WIPO since the creation of the UDRP in 1999.
Leading Countries: The United States, France, and the United Kingdom were the top countries from which complainants originated.
International Scope: Cases were conducted in 18 languages, with English being the most common (91%).
Industry Impact: The top sectors involved in domain name disputes included retail, banking and finance, biotechnology and pharmaceuticals, Internet and IT, and fashion. Prominent complainants included Carrefour, Meta Platforms, LEGO, and Philip Morris, illustrating the broad relevance of domain name protection.
ccTLD Developments
ccTLDs (country code top-level domains) are two-letter domain extensions that represent specific countries or territories, such as ".de" for Germany or ".uk" for the United Kingdom. They are used to indicate the geographical origin or target audience of a website, often helping with local branding and SEO.
Expansion of Services: The WIPO Centre expanded its dispute resolution services to include new ccTLDs such as .AD (Andorra), .CV (Cabo Verde), .LV (Latvia), and .RW (Rwanda).
Policy Updates: The WIPO Centre assisted national registries in updating their dispute policies, including .NL (Kingdom of the Netherlands) to include Geographical Indications, .DO (Dominic Republic) to become paperless, and .UA (Ukraine) applying to further third level domains.
Increased Filings: Several ccTLDs saw increased domain name case filings, notably .AI (Anguilla), .AE (United Arab Emirates), and .BR (Brazil). Record filings were reported for .AE, .AI, and .BR. The top ccTLDs for case filings included .CO (Colombia), .AI (Anguilla), .CC (Cocos Islands), and .ES (Spain).
WIPO Initiatives and Resources
UDRP Review: WIPO and the Internet Commerce Association (ICA) are collaborating on a review of the UDRP to identify potential policy recommendations and practice updates. A draft report will be released for public input to inform ICANN’s policy processes.
Updated Resources: WIPO updated its domain name home page to include the top 5 filing steps and updated model case pleadings in six languages. FAQ resources on domain name expiration, WHOIS (now "RDAP"), and language of case proceedings practices were also published.
Educational Outreach: WIPO hosted over 30 webinars for various stakeholders, including filing parties, law firms, brand owners, and ccTLD registries.
Illustrative Case Summaries
Malala Yousafzai v. Syed Haider: The panel agreed with the women's education activist, citing her evidence of using her name as a trademark in commerce and noting the domain was registered soon after Yousafzai's nomination for the International Children’s Peace Prize.
Phoenix Group Management Services Limited v. Name Redacted: The Complainant reclaimed the domain name used for email-based fraud, where the registrant impersonated an employee of the Complainant in emails requesting money from would-be investors.
Hershey Chocolate & Confectionery LLC v. Domain Admin, TotalDomain Privacy Ltd: The brand owner secured a domain used for employee communication, mitigating a major security risk.
SAP SE v. Nathaniel Hunt: WIPO administered more than 80 cases under the .AI ccTLD in 2024. The panel found that all the circumstances in the case pointed to the fact that the Respondent was clearly aware of and targeting the Complainant and its famous SAP mark in the .AI ccTLD.
Conclusion
The WIPO Domain Name Report 2024 underscores the necessity for trademark owners to actively monitor and enforce their rights in the domain name system. The UDRP remains a vital tool for addressing cybersquatting and protecting brands from online threats. Given that the value of domain names has increased exponentially, our team has assisted multiple clients deal with domain name disputes.
