RE: [gnso-rap-dt] cybersquatting edit

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

I like James' better than Rod's version; but I like Greg's even better since it 
is most broad.  Cybersquatting is bad faith registration; bad faith is defined 
through analysis of many factors, including 'for profit' and 'not for profit' 
actions of the defendant.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com


-----Original Message-----
From: owner-gnso-rap-dt@xxxxxxxxx [mailto:owner-gnso-rap-dt@xxxxxxxxx] On 
Behalf Of James M. Bladel
Sent: Thursday, May 06, 2010 2:37 PM
To: Rod Rasmussen
Cc: gnso-rap-dt@xxxxxxxxx; Greg Aaron
Subject: RE: [gnso-rap-dt] cybersquatting edit


Building a bit on Rod's proposed language:

....through pay-per-click advertisements or other means of traffic
diversion....

Thoughts?

Also, can someone post what Bruce was saying in Nairobi, or can we reach
out to him for clarification?


Thanks--


J.



-------- Original Message --------
Subject: Re: [gnso-rap-dt] cybersquatting edit
From: Rod Rasmussen <rod.rasmussen@xxxxxxxxxxxxxxxxxxxx>
Date: Thu, May 06, 2010 4:32 pm
To: Greg Aaron <gaaron@xxxxxxxxxxxx>
Cc: <gnso-rap-dt@xxxxxxxxx>

How about this sentence reshuffling alternative that keeps the primary
methodology mentioned (which people are familiar with) and should take
care of Bruce's concern:

Cybersquatting is the deliberate and bad-faith registration or use of a
name that is a registered brand or mark of an unrelated entity,
typically, though not exclusively, for the purpose of profiting through
pay-per-click advertisements...

 Rod

On May 6, 2010, at 12:50 PM, Greg Aaron wrote:

Dear WG:
 
For the definition of cybersquatting in 5.1.1: Our report says:
"Cybersquatting is the deliberate and bad-faith registration or use of a
name that is a registered brand or mark of an unrelated entity, for the
purpose of profiting (typically, though not exclusively, through
pay-per-click advertisements).... There was consensus in the RAPWG that
provisions 4(a) and 4(b) of the UDRP are a sound definition of
Cybersquatting."
 
In the Nairobi comment session, Bruce Tonkin noted that the above is
internally inconsistent.  Profit is not always a motive for all
cybersquatters.  Sections 4(a) and 4(b) of the UDRP mentions other
proofs of bad faith (such as “disrupting the business of a
competitor.”)   And its mentions profiting by getting people to come
to the site.
 
So, I propose we just delete the phrase "for the purpose of profiting
(typically, though not exclusively, through pay-per-click
advertisements)".  I think that would make the statement accurate, and
respects the conversations we had in the WG.  Are there any objections?
 
All best,
--Greg
 
 
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