Comment about Draft Motion on Domain Tasting

["Cameron Smith" <CameronS@xxxxxxxxxxxxx>]

Ladies and Gentlemen:

 

Herbalife International is a worldwide marketer of nutritional foods,
dietary supplements, and topical personal care products.  Herbalife
operates in 65 markets and maintains a substantial Internet presence to
serve its network of independent distributors and customers.  Herbalife
comments here about specific provisions of the Draft Domain Tasting
Motion.

 

Par. 1(a) To ensure that the proposed policy is mandatory, rather than
precatory, replace the term, "may not," with "shall not" or "must not."

 

Par. 1(a) (ii) restate as "ten (10) domain names, whichever is lesser."
Herbalife believes that this change will make the policy more muscular
and allow GNSO to determine better whether the activities of domain
registrants are exercises in domain tasting or real efforts to promote a
marketing or sales objective.

 

Par. 1(b) Herbalife is concerned about the broad range of discretion
offered by the unguided "extraordinary circumstances" provision for
relief from the no-refund policy stated in Par. 1(a).  Herbalife
recommends that GNSO list specific instances of "extraordinary
circumstances" to give the provision real effect.

 

Par. 2  Herbalife proposes that GNSO review the effect of this policy at
three-month, rather than six-month intervals.

 

 

Thank you for the opportunity to comment.

 

Best regards,

 

Cameron B. Smith

Director, Regulatory and Government Affairs and Intellectual Property

Herbalife International of America, Inc.

990 West 190th Street, Suite 650

Torrance, CA 90502

(310) 851-2328 (direct)

(310) 767-3316 (fax)