[gnso-pro-wg] two more suggested principles

["Mike Rodenbaugh" <mxr@xxxxxxxxxxxxx>]

I'd like to add one other principle for discussion, which I think ought
to be uncontroversial, but am usually wrong when I think that...

 

Rights protection mechanisms for second level names SHOULD also apply to
third and higher level names made available for general registration by
the TLD operator.

 

That gives some flexibility if there is reasoned justification not to
have equal applicability.

 

And I'd like to add one other principle for discussion, which I know
will be controversial, but should be no surprise (altered modestly from
ICM Registry proposal):

 

Registries SHOULD institute a rapid suspension procedure in which a
response team of independent experts (qualified UDRP panelists) will be
retained to make determinations shortly after they receive a short and
simple statement of a claim involving a well-known or otherwise
inherently distinctive mark and a domain name clearly used in bad faith,
or for which no conceivable good faith basis exists.  Such
determinations MUST result in an immediate suspension of resolution of
the domain name, but will not prejudice either party's election to
pursue another dispute mechanism.  The claim and procedural requirements
SHOULD be modeled after the Digital Millennium Copyright Act. 

 

For now, we could cut it after 'procedure' if that would please most
everyone :-)

 

Mike Rodenbaugh

Sr. Legal Director

Yahoo! Inc.

 

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  _____  

From: owner-gnso-pro-wg@xxxxxxxxx [mailto:owner-gnso-pro-wg@xxxxxxxxx]
On Behalf Of Smith, Kelly W
Sent: Tuesday, May 15, 2007 1:28 PM
To: Rosette, Kristina; Margie Milam; gnso-pro-wg@xxxxxxxxx
Subject: RE: [gnso-pro-wg] GNSO Working Group Draft Definitions

 

All- 

One proposed change to the definition of "Defensive Registrations," also
reflected in the attached redline. 

Defensive Registrations-  Defensive Registrations are domain name
registrations by holders of Prior Rights solely [alternative: primarily]
for the purpose of preventing third parties from registering strings
that include names identical to or similar to their Prior Rights.

Intel, for example, has obtained several registrations that we view as
defensive, but the domain names also resolve and thus serve a marketing
function as well, although that is secondary.

Kelly 

<<Compared PRO WG Definitions.DOC>> 
  

-----Original Message----- 
From: owner-gnso-pro-wg@xxxxxxxxx [mailto:owner-gnso-pro-wg@xxxxxxxxx
<mailto:owner-gnso-pro-wg@xxxxxxxxx> ] On Behalf Of Rosette, Kristina 
Sent: May 14, 2007 10:04 AM 
To: Margie Milam; gnso-pro-wg@xxxxxxxxx 
Subject: RE: [gnso-pro-wg] GNSO Working Group Draft Definitions 

Some potential revisions/additions for discussion.  

Clean and "redline" copies attached. 

Kristina 

  

-----Original Message----- 
From: owner-gnso-pro-wg@xxxxxxxxx [mailto:owner-gnso-pro-wg@xxxxxxxxx
<mailto:owner-gnso-pro-wg@xxxxxxxxx> ] 
On Behalf Of Margie Milam 
Sent: Friday, May 11, 2007 12:14 PM 
To: gnso-pro-wg@xxxxxxxxx 
Subject: RE: [gnso-pro-wg] GNSO Working Group Draft Definitions 

 

Attached please find draft Definitions for use in the WG Report. 
Please let me know if you have any changes or suggestions for additional

terms to include. 

Margie