Facebook Wins First Uniform Rapid Suspension System Case
Facebook has successfully filed and won a domain name dispute case to become the first brand to file it under a new domain suspension system.
The National Arbitration Forum, a dispute resolution service provider, said that Facebook, the world’s most popular social networking site, was the first brand owner to file a dispute using the Uniform Rapid Suspension System (URS).
The URS is a new way to resolve domain disputes and created to suspend quickly domain names that infringe on trademarks.
The National Arbitration Forum is an approved organization by the Internet Corporation of Assigned Names and Numbers (ICANN) to provide services for domain name dispute resolution through programs such as the URS.
Facebook filed its complaint against facebok.pw on August 21, 2013, through the online filing platform provided by the Forum.
The Forum said URS is less expensive than the Uniform Domain Name Dispute Resolution Policy (UDRP) since it has more automated steps.
Kristine Dorrain, National Arbitration Forum’s Director of Internet and IP Services, said handling Facebook’s filing, the first URS complaint via the first URS provider, was an added pressure to the Forum since it served as the trial run for the new procedure.
Facebook won the first URS Determination on September 27, effectively suspending the domain name involved by order of the examiner. The domain name has resolved to a Forum-hosted website.
The Forum said its URS and UDRP filings are scrutinized and resolved by dispute resolution panelists who specialize in domain name, copyright, trademark, and e-commerce law across the world.
David Taylor, Facebook attorney and representative, said “it is great to finally see the first URS complaint and decision in action” years after the URS was proposed in 2009.
The URS may be inappropriate for some cases, however, as it still needs the UDRP, and it depends whether or not the successful plaintiff wants to take over the domain name, or have it suspended from the Domain Name System, Taylor added.
Facebook managed to file the complaint with the URS, even though it is designed to only handle infringement cases in top level domains (TLD) under ICANN’s new generic top level domain (gTLD) program, because facebok.pw was within the country-code top level domain (ccTLD), among the first adopters of URS. In addition, the Professional Web, operator of the .pw registry, adopted the URS in May 2013.
Sandeep Ramchandani, Business Head of the Professional Web .pw registry, said .pw is the first TLD to adopt URS and deliver faster, greater brand protection for its users. “Our experience with the URS will help with providing valuable feedback to ICANN on the process, proving useful for the new gTLD rollout.”