CAC Proposal Requires ICANN Scrutiny
- To: <cac-prop-supp-rules@xxxxxxxxx>
- Subject: CAC Proposal Requires ICANN Scrutiny
- From: "Max Menius" <mmeniusjr@xxxxxxxxxxxx>
- Date: Fri, 11 Dec 2009 02:20:53 -0500
The CAC Proposal appears to preempt the UDRP with a quicker, cheaper lower
integrity process that will invite reverse domain name hijacking. The UDRP is
already subject to occasional misuse by entities who try to strip rightful
domain name registrants of their domain name. With the CAC proposal, the bar
for challenging domain registration rights is dramatically lowered (under the
pretense of offering TM holders an easier recourse should their trademark be
While this new proposed process is obviously of value in cases of clear
cybersquatting, it can easily be misused to launch meritless attacks against
legitimate domain registrations. Reverse domain hijacking is a reality, and it
is equally damaging to businesses who are forced to defend their domain
registration against frivolous attacks. We must not allow the pendulum to swing
too far in the opposite direction in our efforts to help trademark holders. A
balance in protections for ALL vested parties is the ultimate goal.
I would respectfully request that ICANN enter into a clear contract with all
UDRP providers. And, I would ask ICANN to seriously consider the loss of
quality control and due process that will likely result from adopting any
"quicker, cheaper" process, that by design, lowers the bar for admission under
the pretense of being expeditious.
Helping trademark holders is certainly a valid concern. But, protecting
legitimate domain name registrants from reverse hijacking is an equally valid
concern. We need a carefully crafted balance that serves both of these
constituent interests equally. The CAC proposal and similar "quickie fixes" do
not fit the bill.
Menius Enterprises, Inc.
Greensboro, NC, USA