Scoring Domain Name Wins at WIPO

• Author: Auke-Jan Bossenbroek/Brian Beckham
• Position: WIPO Arbitration and Mediation

A record 2,156 complaints against alleged cybersquatters were filed at WIPO's Arbitration and Mediation Center in 2007. The problem showed no signs of abating in the first half of 2008. Complainants cover a wide spectrum: individuals - authors, entertainers, athletes - companies, and non-profit foundations. Trademark holders from all sectors - biotechnology and pharmaceuticals, banking and finance, food and beverages, fashion, Internet, etc. - take advantage of the Center's expedited dispute resolution procedures under the Uniform Domain Name Dispute Resolution Policy (the UDRP). This article takes a closer look at the sports sector which has repeatedly found its way to the Center.

One need only look at the recent UEFA (Union of European Football Associations) EURO 2008 football championship to appreciate that sports have evolved into a truly global industry with multiple stakeholders. Both the global nature and the multiplicity of stakeholders in the sports industry are also reflected in sports-related domain name cases.

Popularity increases cybersquatting

Sports-related domain name cases touch upon a wide range of sports - the more popular the sport, the more frequently it is the target of cybersquatters. Basketball, American football, golf, football (soccer), Formula One motor racing and hockey are at the top of the target list. Major sporting events, such as the Super Bowl, the Volvo Ocean Race, the UEFA Champions League and the Olympic Games, are also popular targets, and their organizers have successfully challenged domain name registrations through WIPO.

Disputes over domain names often start long before the actual events. For example, the Center has already administered cases pertaining to the 2010 FIFA (Fédération Internationale de Football Association) World Cup and the 2012 PGA (Professional Golfers Association) Championship. Other cases involved the names of competitions such as the Premier League, the Orange Bowl, the NCAA (National Collegiate Athletic Association) Final Four and the London Marathon. Among sports authorities, cases have been filed by the National Football League (NFL), National Association for Stock Car Auto Racing (NASCAR) and UEFA.

If many sports-related complaints are filed by event organizers, others are filed by participating sports teams who seek to reclaim their name on the Internet. The latter have included football clubs AFC...