WIPO publishes report on legal rights objection procedure | Practical Law

WIPO publishes report on legal rights objection procedure | Practical Law

WIPO has published a report on the legal rights objection procedure.

WIPO publishes report on legal rights objection procedure

Practical Law UK Legal Update 4-551-8665 (Approx. 3 pages)

WIPO publishes report on legal rights objection procedure

by Practical Law IP&IT
Published on 12 Dec 2013International
WIPO has published a report on the legal rights objection procedure.
The WIPO Arbitration and Mediation Centre has published an end report on the generic top-level domain (gTLD) legal rights objection procedure following the conclusion of the final expert determination. The purpose of the report is to provide a historical and statistical overview of the project and to help inform future domain name dispute resolution practices and determinations. Among the findings in the report was that an overwhelming majority of objections were filed against gTLD strings with a descriptive meaning. Most of these were rejected. The report also noted that while expert panels discussed all of the non-exclusive factors in considering an objection, they tended to give more prominence to some of these depending on the context of the case. While the factors concerning the good faith of the gTLD applicant were not particularly relevant in expert determinations, the likelihood of confusion between the applicant's intended use of the gTLD and the objector's trade mark featured prominently in most of them. However, the panels considered the potential for infringement as such to be an insufficient basis to halt an application.