An Empirical Analysis of 15 Years of Australian Domain Name Disputes
Andrew F Christie, James Gloster, Sarah Goddard
AUSTRALIAN INTELLECTUAL PROPERTY JOURNAL | Thomson Reuters | Published : 2019
The .au Dispute Resolution Policy (auDRP) creates an online mandatory administrative procedure for resolving disputes about .au domain names that contain another’s trade mark. This study is the first – and, to date, the only – detailed quantitative analysis of every one of the 470 determinations made in the procedure’s first 15 years of operation. By identifying the characteristics of each case and its decision-maker, and by analysing which of those are associated with particular outcomes, we provide previously unknown information about the factors that contribute to a case’s success, and about the procedure’s integrity. We find that the rate at which cases succeed has not changed over time ..View full abstract
Andrew F Christie: Chair of Intellectual Property, Melbourne Law School, University of Melbourne. James Gloster: Research Assistant, Melbourne Law School, University of Melbourne. Sarah Goddard: Solicitor, Herbert Smith Freehills, Melbourne. The contributions of Alyssa Dixon, Jason Goliszek and Jeffery Kadarusman to the extraction and analysis of data, and the financial assistance of IP Australia and the Intellectual Property Research Institute of Australia, is gratefully acknowledged.