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JP Domain Name Dispute Resolution Policy (JP-DRP)

JP Domain Name Dispute Resolution Policy (JP-DRP). Aug. 26, 2001 Hiro Hotta Japan Network Information Center hotta@nic.ad.jp. Contents. Development of JP-DRP Outline of JP-DRP Points adjusted to Japanese situation Current Status of JP-DRP. Development of JP-DRP.

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JP Domain Name Dispute Resolution Policy (JP-DRP)

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  1. JP Domain Name Dispute Resolution Policy (JP-DRP) Aug. 26, 2001 Hiro Hotta Japan Network Information Center hotta@nic.ad.jp

  2. Contents • Development of JP-DRP • Outline of JP-DRP • Points adjusted to Japanese situation • Current Status of JP-DRP

  3. Development of JP-DRP • Established the Domain Name Dispute Resolution Policy Task Force (DRP-TF) (Dec. 15, 1999) • ICANN UDRP was launched on Dec. 1, 1999 • Published an Interim Report (May 8, 2000) • Public Comment Period (May 8 – Jul. 11, 2000) • Published a Final Report, the Policy and the Rules (Jul. 19, 2000) • Accreditation of the first JP-DRP service provider (Aug. 22, 2000) • Japan Intellectual Property Arbitration Center • The Policy and Rules are in effect (Oct. 19, 2000)

  4. Outline of JP-DRP • Localization of the ICANN UDRP • Basically follows principles of the UDRP • Adjustment to Japanese situation • Proceeding is carried out by independent organizations accredited by JPNIC • Decides on a dispute within 55 days • Dispute Resolution Fee • Japan Intellectual Property Arbitration Center • A single-member Panel – JPY 180,000 • A three-member Panel – JPY 360,000

  5. Points adjusted to Japanese situation • Mutual jurisdiction is limited to Tokyo District Court, or the District Court where the Respondent resides • Service of Process is exclusively conducted via JP-DRP service provider (adjusted to Japanese legal proceedings) • Language of proceeding is limited to Japanese • Compliance with Japanese laws • “Any mark such as a trademark or service mark” instead of “trademark or service mark”

  6. Current Status of JP-DRP Date Commenced Domain Name(s) Status/ Panel Decision Result 1 2000.11.13 AXIS.CO.JP Case Settled Name transferred spontaneously 2 2000.11.24 GOO.CO.JP Name transfer Decision under lawsuit 3 2001.01.04 YUZAWAYA.CO.JP Case Settled Name transferred spontaneously 4 2001.01.15 ITOYOKADO.CO.JP Name transfer Transferred 5 2001.01.25 SONYBANK.CO.JP Name transfer Decision under lawsuit 6 2001.02.01 ICOM.NE.JP Name transfer Transferred 7 2001.02.08 REDHAT.CO.JP Case Settled Name transferred spontaneously 8 2001.03.16 MP3.CO.JP Name transfer Decision under lawsuit 9 2001.04.04 RCC.CO.JP Name transfer Transferred 10 2001.04.06 SUNKIST.CO.JP Name transfer Transferred 11 2001.05.23 HTV.JP, HTV.CO.JP Name transfer Pending waiting for formal notification 12 2001.05.29 ARMANI.CO.JP Name transfer To be transferred :

  7. Case of “Name transferred” decision on JP-DRP (1) • GOO.CO.JP • Background • GOO.CO.JP was registered by POPCORN (Karaoke dealer) on Aug., 1996 • GOO.NE.JP was registered by NTT-X (complainant) , and opened the search engine site on Feb., 1997 • Reason of “Name transferred” decision • NTT-X has trademarks about “goo” • GOO.NE.JP site is famous • Creating a likelihood of confusion (many claims are coming to NTT-X) • The image of “goo” is damaged by adult contents • ITOYOKADO.CO.JP • Background • ITOYOKADO.CO.JP was registered by real estate agent on Jul., 1999 • Planning to sell in excess of out-of-pocket cost on the auction site and their own site • Reason of “Name transferred” decision • Registered in bad faith (purpose of selling in excess of out-of-pocketcosts)

  8. Case of “Name transferred” decision on JP-DRP (2) • SONYBANK.CO.JP • Background • SONYBANK.CO.JP was registered by one company on Jan., 2000 (when SONY announced about establishment of the bank) • Name transferred to another company on Dec., 2000 • Web page has not been opened • Reason of “Name transferred” decision • Respondent has registered the domain name which is identical to a trademark in order to obstruct SONY’s business • ICOM.NE.JP • Background • A company registered ICOM.NE.JP was closed on Apr., 2000 • The name had not be deleted after closing of the company • Reason of “Name transferred” decision • Respondent has registered the domain name which is not to be used, which obstructs a company ICOM from using the domain name

  9. Case of “Name transferred” decision on JP-DRP (3) • MP3.CO.JP • Background • MP3.CO.JP was registered by communication service company on Jul., 1999 • Reason of “Name transferred” decision • “MP3” is famous, and has highly attractive power to the Internet users • “MP3” means international standards, but it is recognized that “MP3” identifies the complainant in the market • RCC.CO.JP • Background • RCC.CO.JP was registered by a daily goods trading company on Feb., 2001 • Registration only, never used • Reason of “Name transferred” decision • Registered in bad faith (creating a likelihood of confusion with TV/Radio station)

  10. Case of “Name transferred” decision on JP-DRP (4) • SUNKIST.CO.JP • Background • SUNKIST.CO.JP was registered by a company on Feb., 2000 • Having sold the citrus fruits on respondent’s web • Reason of “Name transferred” decision • “SUNKIST” is famous, and has highly attractive power to the Internet users • Registered in bad faith (intentionally attempted to attract, for commercial gain, the Internet users to the web site) • HTV.CO.JP, HTV.JP • Background • A software developing company registered HTV.CO.JP on Feb., 1996, and HTV.JP on Mar., 2001 • It registered some TV stations’ abbreviation as domain names, and linked up to the web site of parent company • Reason of “Name transferred” decision • Registered in bad faith (intentionally attempted to attract, for commercial gain, the Internet users to the web site)

  11. Case of “Name transferred” decision on JP-DRP (5) • ARMANI.CO.JP • Background • ARMANI.CO.JP was registered by one company on Aug., 1997 • Reason of “Name transferred” decision • “ARMANI” is world-famous • Registered in bad faith (creating a likelihood of confusion)

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