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Expansion of Domain Name Space May Shift Trademark Protection

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Expansion of Domain Name Space May Shift Trademark Protection Annex 1 Total Number of WIPO Domain Name Cases and Domain Names by Year 7000 6000 5000 4000 3000 2000 1000 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Number of Cases Number of Domain Names Year Number of Cases Number of Domain Names 2000 1857 3760 2001 1557 2465 2002 1207 2042 2003 1100 1774 2004 1176 2599 2005 1456 3312 2006 1824 2806 2007 2156 3545 2008 2329 3958 2009 2107 4685 2010 2696 4367 2011 2764 4780 2012 2884 5080 2013 2585 6191 Annex 2 Geographical Distribution of Parties in WIPO Cases in 2013: Top 25 Complainant No. of cases Respondent No. of cases United States of America 743 United States of America 650 France 318 China 445 United Kingdom 224 United Kingdon 196 Germany 181 Australia 114 Switzerland 160 Netherlands 76 Denmark 110 Turkey 75 Italy 98 Spain 64 Netherlands 86 France 60 Sweden 83 Brazil 53 Liechtenstein 79 Republic of Korea 52 Brazil 69 Canada 48 Turkey 51 Russian Federation 48 Australia 48 Germany 46 Spain 40 India 45 India 29 Panama 45 Canada 23 Switzerland 33 Luxembourg 22 Mexico 32 Japan 20 Japan 31 Austria 19 Viet Nam 22 Norway 18 Saint Kitts and Nevis 21 Mexico 16 Italy 20 Belgium 15 Chile 20 China 14 Ukraine 19 Malta 13 Poland 17 United Arab Emirates 9 Romania 16 2 Annex 3 Areas of WIPO Domain Name Complainant Activity (2013) Insurance Media and 1% Transportation Publishing Telecom 2% Hotels and 2% 1% Travel Retail 3% Electronics Automobiles 15% 5% 3% Food, Beverages and Restaurants 5% Fashion 13% Luxury Items 5% Entertainment 5% Other Heavy Industry and 12% Machinery 5% Internet and IT Banking and 6% Biotechnology and Finance Pharmaceuticals 9% 7% 3 Annex 4 Sample of WIPO Domain Name Cases (2013) Area Sample Cases Automobiles American Automobile Association, Audi, BMW, Ford, General Motors, Jaguar Land Rover, Michelin, Opel, Porsche, Scania, Volkswagen, Volvo Banking and Finance Akbank Turk, Amegy Bank, Banco de Sabadell, Banco Bilbao, Bradesco, Comerica, Crédit Agricole, Crédit Mutuel, FIL Limited, Intesa Sanpaolo, JPMorgan ChaseMasterCard, National Westminster Bank, NYSE Group, Standard & Poor’s Biotechnology and Pharmaceuticals Bayer, Boehringer Ingelheim, Eli Lilly, F. Hoffman-La Roche, Glaxo, Merck KGaA, Merck Sharp & Dohme, Novartis, Pfizer, Sanofi, Zambon Education American Council on Education, Educational Testing Service, Instituto Tecnológico y de Estudios Superiores de Occidente, Santa Fe University of Art and Design, The Johns Hopkins University, Tufts University, University of Cambridge, University of Vermont, Yale University Electronics Apple, Casio, Electrolux, General Electric, Samsung, Siemens, Sony Entertainment Columbia Pictures, DreamWorks Animation, Showtime Networks, Take-Two Interactive, Ticket Software, Warner Bros. Entertainment, World Wrestling Entertainment Fashion Banana Republic, Clarins Fashion, Dr. Martens, Jack Wolfskin, Karen Millen, Lancel International, Missguided Limited, Missoni Food, Beverages and Restaurants Barilla, Boi Bom, California Milk Processor Board, Carlsberg Breweries, Coca-Cola, Kraft, Krispy Kreme Doughnuts, Lavazza, Lindt, Nando’s, Nestlé, Red Bull, Rémy Martin Heavy Industry and Machinery Arcelor Mittal, Areva, Caterpillar, Grundfos, Lockheed Martin, Petrobras, Saudi Arabian Oil Company, Statoil, Tata Sons, Tupras Turkiye Petrol Rafinerileri Hotels and Travel Accor, AIDA Cruises, Alsace Croisieres, BookIt.com, Inc. Expedia, Inter-Continental, Last Minute Network Limited Sheraton, Six Continents Hotels, Starwood, Westin Insurance Allianz, Asurion, AXA, MAAF, Mapfre, Metropolitan Life Insurance Company Internet and IT Autodesk, Citrix, eBay, Facebook, Google, Hewlett Packard, Intel, Microsoft, SAP, Tumblr, Twitter, Yahoo!, Ubiquiti Luxury Items Armani, Balenciaga, Bottega Veneta, Cartier, Christian Dior Couture, Davidoff, Dolce & Gabbana, Etro, Fendi, Frey Wille, Goyard St-Honoré, Gucci, Hermès, Hugo Boss, J. Choo, Moncler, Montblanc-Simplo, Prada, Richemont, Salvatore Ferragamo, Swarovski, Van Cleef & Arpels, Yves Saint Laurent, Zegna 4 Media and Publishing Advance Magazine Publishers, Al Arabiya, Conde Nast, Chicago Tribune, Directv, Financial Times, HarperCollins, Hürriyet, McGraw-Hill Companies, WordPress Retail ALDI, Auchan, Carrefour, Costco, IKEA, Leclerc, LEGO, Mattel, Target, Wal-Mart Sports Beachbody, Campagnolo, Fédération Française de Tennis, NBA, St Andrews Links Telecom British Telecommunications, O2, Orange, Telefônica Brasil, Telstra, Turkcell Transportation Airbus, Air France, Delta Air Lines, Emirates, Hertz, Lufthansa, VRG Linhas Aéreas, Vanguard, Virgin Others Allied Barton Security, Gillette, Johns Hopkins, L’Oréal, PayPal, Philip Morris, Procter & Gamble, Revlon, The Body Shop, The Rick & Sally Meyers Animal Shelter 5 Annex 5 All gTLDs (Ranking): 2012 and 2013 2013 2012 gTLDs Number of Percentage gTLDs Number of Percentage Domain Names Domain Names .com 3795 66.36% .com 3475 74.84% .org 869 15.19% .net 487 10.49% .net 539 9.42% .org 322 6.94% .info 392 6.85% .info 264 5.69% .biz 69 1.21% .biz 47 1.01% .mobi 39 0.68% .mobi 20 0.43% .asia 5 0.09% .xxx 16 0.34% .pro 3 0.05% .pro 4 0.09% .tel 3 0.05% .asia 3 0.06% .xxx 2 0.03% .tel 3 0.06% .aero 1 0.02% .name 2 0.04% .cat 1 0.02% .name 1 0.02% 6 Annex 6 WIPO Arbitration and Mediation Center End Report on Legal Rights Objection Procedure 2013 – Figure 5 AE: United Arab Emirates; AU: Australia; BH: Bahrain; CA: Canada; CH: Switzerland; CN: China; CY: Cyprus; DE: Germany; DK: Denmark; FR: France; GB: United Kingdom of Great Britain and Northern Ireland; IE: Ireland; JP: Japan; LU: Luxembourg; MC: Monaco; MY: Malaysia; NL: Netherlands; RU: Russian Federation; SA: Saudi Arabia; SE: Sweden; US: United States of America. 7.
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