Re: [gnso-rap-dt] Cybersquatting

[martinsutton@xxxxxxxx]

Dear all,

Cybersquatting

After considering everyone's feedback including some postings last night, 
I propose to add the following paragraph to the existing background 
information, followed by the recommendation below.  I've got so many 
versions of the main document I would prefer your comments back before 
sending through a redlined version, to avoid any further (major) markups - 
so let me know what you think and I'll then send it through:- 

Background (additional para) 

The RAP WG recognises that the UDRP is a useful mechanism to counter some 
elements of Cybersquatting but the scale of Cybersquatting is overwhelming 
and the drain on cost and resources for brand-owners to respond in all 
instances by using only the UDRP as a remedy is prohibitive.  In addition, 
there is insufficient up-front protection mechanisms to prevent 
registrants from initially registering infringing domains which are freely 
monetized from the date of registration, via PPC and other online 
advertising methods, thus earning revenue for the registrant.  They can 
then simply wait until a UDRP action is commenced before they give up the 
domain, without penalty.  The burden therefore rests with the trademark 
owner to monitor, investigate and pursue litigation in order to provide 
protection to Internet users. This burden often includes the registration 
and ongoing management of large domain name portfolios, consisting mainly 
of unwanted domains that benefit only the Registry, Registrar and ICANN 
parties.  This approach is already a major concern for trademark owners, 
in terms of cost and resources, with the existing level of gTLDs and 
ccTLDs, let alone the anticipated growth of new gTLDs and IDNs.

RECOMMENDATION: 

The RAPWG recommends the initiation of a Policy Development Process by 
requesting an issues report to investigate the current state of the UDRP. 
This effort should consider: 
How the UDRP has addressed the problem of cybersquatting to date, and 
where the UDRP may be insufficient to curb cybersquatting 
Whether the definition of cybersquatting inherent within the existing UDRP 
language needs to be reviewed or updated; 

The RAP WG further recommends the initiation of a Policy Development 
Process by requesting an Issues Report to investigate the appropriateness 
and effectiveness of how any Rights Protection Mechanisms that are 
developed elsewhere in the community (e.g. the new gTLD program) can be 
applied to the problem of Cybersquatting in the current gTLD space. 

Martin C SUTTON 
Group Risk 
Manager, Group Fraud Risk and Intelligence | HSBC HOLDINGS PLC HGHQ
Group Security & Fraud Risk
8 Canada Square,Canary Wharf,London,E14 5HQ,United Kingdom
________________________________________________________________

Phone.     +44 (0)20 7991 8074 / 7991 8074
Mobile.     +44 (0) 7774556680
Email.       martinsutton@xxxxxxxx
________________________________________________________________

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HSBC Holdings plc
Registered Office: 8 Canada Square, London E14 5HQ, United Kingdom
Registered in England number 617987
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