05 Aug '25
In a thought-provoking case note, Willem Leppink, co-head of the Intellectual Property group at Ploum and a domain name panelist with both the World Intellectual Property Organization and the Czech Arbitration Court, explores the Czech Arbitration Court’s decision in the domain name dispute over lostmarydirect.com, where the panelist proposes a reinterpretation of the well-established Oki Data criteria under the Uniform Domain Name Dispute Resolution Policy (UDRP).
The panelist suggests that the internet has evolved—and so should the rules. By introducing what she calls the “Lost Mary criteria,” she advocates for a broader and more flexible approach to assessing fair use by resellers. Her reasoning hinges on the idea that today’s internet users are more discerning and less likely to be misled by reseller websites.
But does this decision truly mark a turning point? Willem Leppink offers a critical and nuanced analysis, questioning whether such a shift is necessary or even desirable. He argues that while panelists already have the discretion to assess fair use holistically, formally amending the Oki Data criteria could compromise the consistency and predictability that have long defined the UDRP.
Dutch readers: A Dutch version of this article was published on 1 August 2025 on the Dutch IP blog IE-Forum: https://www.ie-forum.nl/artikelen/lost-mary-okidata-af-of-lost-in-cyberspace
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