RE: [gnso-irtp-b-jun09] Expedited Transfer Reverse Policy (eTRP) (Draft)

["Diaz, Paul" <pdiaz@xxxxxxxxxxxxxxxxxxxx>]

Another example of why some sort of eTRP is needed...

The Limitations of UDRP to Recover Stolen Domain Names (Domain Name
Wire, 042310)
http://domainnamewire.com/2010/04/23/the-limitations-of-udrp-to-recover-
stolen-domain-names/

Recent case involving restaurant guide shows limitations of UDRP for
recovering stolen domains.

Companies often use UDRP to recover stolen domain names. I've seen
several cases
(http://domainnamewire.com/2009/06/22/three-letter-domain-thief-loses-an
other-domain-name/) of three character domain names being recovered this
way.

But there are limitations to using UDRP to recover a stolen domain name.
Part of it has to do with how you position your trademark in the filing.

Here's a case in point: ChicagoRestaurant.com. For over ten years David
M. Lissner of Dining Chicago used the domain name. Then the current
owner "obtained" the domain name in 2009.

Lissner filed a UDRP and lost, as the panelist
(http://www.udrpsearch.com/naf/1310901) noted that it would be very
difficult to obtain rights to the descriptive term "Chicago Restaurant".

But how the current owner "obtained" the domain wasn't through an
expired domain purchase. I contacted Lissner by phone today and he
confirmed it was stolen. His technical service provider was listed in
the whois, and they shut down. Then someone managed to get the domain
name.

It's pretty easy to figure out how the domain was stolen. The admin
email address on the domain had expired and was registered by someone
else, who could easily get access to transfer the domain name.

Perhaps the proper way to recover a domain name like this is through a
lawsuit. But with a domain name owner in (supposedly) in Turkey, that
won't be easy.


-----Original Message-----
From: owner-gnso-irtp-b-jun09@xxxxxxxxx
[mailto:owner-gnso-irtp-b-jun09@xxxxxxxxx] On Behalf Of James M. Bladel
Sent: Tuesday, April 13, 2010 12:04 AM
To: IRTP B Mailing List
Subject: [gnso-irtp-b-jun09] Expedited Transfer Reverse Policy (eTRP)
(Draft)

Team:

Attached, please find two documents:

  *  A draft of the Expedited Transfer Reverse Policy (eTRP).  This is a
draft recommendation for a new policy, and very much a work in progress.
 But the general structure has been developed and reviewed by various
stakeholders in the GNSO community.

  *  A spreadsheet capturing feedback received from Registries,
Registrars, and ICANN Policy & Legal teams.  Many of these items were
received as comments to an earlier draft, and this version (Apr 11) has
been modified to reflect some of the feedback received.  Other items
were specifically deferred for discussion by our group as a whole.


I look forward to discussing these during our next call.

Thank you,

J.