JP Domain Name Dispute Resolution Policy JPDRP

1
JP Domain Name Dispute Resolution Policy (JP-DRP)

• Aug. 26, 2001
• Hiro Hotta
• Japan Network Information Center
• hotta_at_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-pocket costs)

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
  SONYs 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 respondents 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)