RE: DRAFT UNIFORM RAPID SUSPENSION SYSTEM (URS)
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.