RE: [bc-gnso] New Verisign Domain Name Exchange Service

["Deutsch, Sarah B" <sarah.b.deutsch@xxxxxxxxxxx>]

 I wanted to share the following proposal  posted on ICANN's website
from Verisign for a domain name "exchange service."   See
http://www.icann.org/en/registries/rsep/#201004
<http://www.icann.org/en/registries/rsep/#201004>
<http://www.icann.org/en/registries/rsep/#201004> .  
 
It appears the Verisign is trying to legitimize another form of domain
name tasting by allowing the taster to "exchange" domain names every 30
days. This idea caters to short term speculators who just want to game
domain names rather than buy domain names to run legitimate businesses.
It's probably not quite as profitable as the 5 day AGP period, but still
opens up the door for brand abuse. It's probably their strategy to deal
with new gTLDs and  it  drives more traffic under a legitimized version
of tasting.  
 
Verisign claims they met with some members of the IPC (does anyone know
who?) about this proposal and in order to address trademark concerns,
they propose the following   (see my comments following in brackets):  
 
 " Some members of the Intellectual Property constituency and certain
registrars whose primary business is brand management have raised
concerns similar to those raised in the development of policy concerning
the use of the Add Grace Period ("AGP"). "
 
To address those issues the Domain Name Exchange Service will: 
 
Allow domain names to be exchanged no sooner than thirty (30) days
following initial registration or a prior exchange [30 Days still allows
domain name speculating at a fraction of the cost of buying one domain
name for a year -- you essentially get a chance to try 12 domain names
over the year for the price of one] 
 
Not allow a grace period following an exchange. [No "grace" period just
means someone has to pay up front -- but again for the price of one
domain name registration -- you get to taste multiple different names a
year] 
 
Publish a report that lists the domain names exchanged as part of a
registration. [The burden and costs associated with monitoring this list
will fall on the trademark owner] 
 
Create a WHOIS/WHOWAS record for all domain names exchanged under the
Domain Name Exchange Service. [ Is this free? I'm sure they will charge
for this. How do we ensure that the information is accurate?] 
 
Deploy the WHOWAS Service that was approved by ICANN on July 16, 2009
that will further increase transparency by providing (i) domain name
registration history; and (ii) domain name exchange activity.
[Increasing "transparency" isn't the same as fixing your business model
to minimize the inevitable increase in trademark infringement] 
 
Best, 
 
Sarah

 
 


Sarah B. Deutsch 
Vice President & Associate General Counsel 
Verizon Communications 
Phone: 703-351-3044 
Fax: 703-351-3670