RE: DRAFT UNIFORM RAPID SUSPENSION SYSTEM (URS)

[Henoxx <henoxx@xxxxxxx>]

RE: DRAFT UNIFORM RAPID SUSPENSION SYSTEM (URS)

The proposed "DRAFT UNIFORM RAPID SUSPENSION SYSTEM (URS)" is a sinister and 
troubling initiative designed to offer Corporations and entities alike the 
rights not accorded under the law. The UDRP process as flawed is as it has been 
in the decisions handed in favor of many Corporations and big businesses is an 
enough instrument of perverted justice.

What is being proposed here is nothing but an instrument to threaten and 
disrupt without due process and without any consequences for doing so. 
registrants' rights and ownership are being trampled upon under the disguise of 
an ICANN sanctioned processes. And that should stop.

In dealing with the various trademark claims as they relate to domain names  
within the UDRP process, ICANN seem to be implementing a disjointed application 
of business law without consideration to the varying national and local legal 
processes. Certain decisions rendered under the UDRP process so far beg many 
questions some of which I am inclined to ask here:

What gives the competing trademark holder in one country a greater claim to a 
domain name than another trademark holder in another country?

Why should a subsequent trademark application and registration supersede a 
"first use right?"

Why should a registration of a generic term be judged as “registered and used 
in bad faith” when "no one" has a reserved use for it?

Why should being a small business or sole proprietorship for that matter be 
judged to have less of a right to a domain name than a big corporation or big 
business?

What constitutes "registered and used in bad faith” when there is no law 
preventing such use other than the contention between an established business 
entity and a less known registrant?

The proposed UNIFORM RAPID SUSPENSION SYSTEM (URS) should be rejected by any 
reasonable free market supporter and those that believe in due process rights.