Academic analysis and critique

This page indexes academic and other analytical papers about domain name disputes. Many papers focus on the UDRP, and in particular the allegation that UDRP-based dispute resolution is somehow biased in favour of corporations armed with lawyers and trade mark portfolios.

Domain disputes in general

The Young Cybersquatter's Handbook - A legalistic but lucid guide to domain name disputes, written back in 2001.

The Form and Substance of Domain Name Arbitration - Reflections from David Lametti, an academic and WIPO panelist, on his experience of domain name dispute resolution.

Domain Name Disputes: New Developments and Open Issues - A paper by Barbara Solomon of Fross Zelnick Lehrman & Zissu, PC.

Remedies in Domain Name Lawsuits: How is a Domain Name Like a Cow? - An article by Carl Oppedahl published in the John Marshall Journal of Computer and Information Law in 1997.

Beyond Cybersquatting: Taking Domain Name Disputes Past Trademark Policy - Academic analysis from Jacqueline Lipton.

UDRP disputes

Fair.com? An Examination of the Allegations of Systemic Unfairness in the ICANN UDRP - Professor Michael Geist's paper from August 2001.

Fundamentally Fair.com? An Update on Bias Allegations an the ICANN UDRP - Professor Geist's response to his critics and updated research (circa February 2002).

The UDRP by All Accounts Works Effectively - A critique of Professor Geist's studies of the UDRP published by the International Trademark Association from May 2002.

A Response to INTA's Rebuttal of Fair.com - Professor Geist's response to his critics at INTA.

Rough Justice: An Analysis of ICANN's UDRP - This report was written by Professor Milton Mueller. It looks at the evidence of bias circa 2000.

UDRP - A Success Story - This is a rebuttal of the analysis and conclusions of Professor Milton Mueller in "Rough Justice" penned by Ned Brandhover and published by the International Trademark Association.

Berkman UDRP Opinion Guide - This guide was produced by the Berkman Center for Internet and Society at Harvard University. It is an attempt to codify UDRP case law, modelled on the Restatement of Law materials published by the American Law Institute. It was written in 2003 and does not appear to have been updated since.

ICANN's UDRP - Causes and (Partial) Cures - Michael Froomkin's analysis of the shortcomings of the UDRP published in the Brooklyn Law Review back in 2002.

Success by Default: a New Profile of Domain Name Trademark Disputes Under ICANN's UDRP - A 2002 study of the UDRP by Milton Mueller of Syracuse University.

Designing Non-national Systems: the Case of the UDRP - A 133 page study of the UDRP written by Laurence Helfer and Graeme Dinwoodie and published in the William and Mary Law Review in 2001.

Competitive Provider Selection under the ICANN UDRP: Are ICANN’s Goals Being Achieved? - A 2004 article by John Selby, Lecturer of Australia's Macquarie University.

The UDRP: How Do You Spell Success? - An 2004 article written Colm Brannigan for the Digital Technology Law Journal.

ICANN's International UDRP and the WIPO - An article by Monica Mason and David Simonelli focusing upon WIPO's version of UDRP proceedings.

Confusion, Illusion and the Death of Trademark Law in Domain Name Disputes - This article, written by attorney Miguel Danielson, was published in the University of Florida Journal of Technology Law and Policy back in 2001.

The Invalidity of ICANN's UDRP Under National Law - A 2002 analysis written by Holger Hestermeyer and published in the Minnesota Intellectual Property Review. Does exactly what it says on the tin.

The Future of Domain Name Dispute Resolution: Crafting Practical International Legal Solutions from Within the UDRP Framework - It's back to the future with this November 2001 footnote-heavy Duke Law Journal piece crafted by Lisa Sharrock.

Judicial Review of ICANN Domain Name Dispute Decisions - An interesting article on the legal effect of UDRP decisions, penned by David Sorkin and published in the Santa Clara Computer and High Tech Law Journal in 2001.

Why ICANN's Domain Dispute Rules are Flawed - Not exactly an academic article, but a useful summary of the UDRP's flaws nonetheless. Written by Kieren McCarthy and published in The Register in July 2001. This link is to part 1 of the article.

Evaluating the UDRP - A slender analysis from the early days of the UDRP (it was published in 2000) written by "Berkman Center student affiliates".

The UDRP Provides Disputable Resolution Incentives - A commercial look at issues of alleged bias in the UDRP, written by US attorney John Berryhill.