The Law That It Deems Applicable: ICANN, Dispute Resolution, and the Problem of Cybersquatting

In an attempt to resolve disputes between domain name registrants and trademark holders in various countries, the Internet Corporation for Assigned Names and Numbers (ICANN) has implemented a policy under which complaints can be lodged and an objective inquiry into the facts for parties can be assessed. This article attempts to examine cases filed to date to determine whether the ICANN Policy and Rules are being effectively used for their intended purpose. The author explores the features of a domain name, the history of the Internet and how the decision to privatize the administration of domain names was made. Also examined are recommendations made by WIPO in regard to what they consider to be the best way of handling domain name disputes, the implementation of ICANN, and the creation of the dispute resolution process. Included is an assessment of whether the ICANN process provides a fair and objective forum in which both parties can be heard.