RE: [gnso-rap-dt] new Cybersquatting definition

["Frederick Felman" <Frederick.Felman@xxxxxxxxxxxxxxx>]

an alternate...

Cybersquatting is defined by the GNSO in the gTLD namespace as the deliberate 
and bad-faith registration and use of a name that is a registered brand or mark 
of an unrelated entity, often for the purpose of profit. Cybersquatting is 
recognized as registration abuse in the ICANN community, and the UDRP was 
originally created to address this abuse. There was consensus in the RAPWG that 
provisions 4(a) and 4(b) of the UDRP are a sound definition of Cybersquatting. 
However, Cybersquatting has been defined inconsistently in national laws and 
UDRP arbitration practices in global jurisdictions.  Furthermore, abuse of the 
domain naming system has evolved as has use and abuse of the UDRP 
administrative procedure.   Consequently, a consistent evolved approach that 
could expedite fair and inexpensive adjudication of registration abuse 
involving Cybersquatting would benefit the community.


-----Original Message-----
From: owner-gnso-rap-dt@xxxxxxxxx on behalf of Greg Aaron
Sent: Mon 5/17/2010 6:12 PM
To: gnso-rap-dt@xxxxxxxxx
Subject: [gnso-rap-dt] new Cybersquatting definition 
 
Dear WG members:

 

Below is the new Cybersquatting definition (section 5.1.1) that was
discussed today.  Please provide comments ASAP.

 

"Cybersquatting is currently defined in gTLDs as the deliberate and
bad-faith registration and use of a name that is a registered brand or mark
of an unrelated entity, often for the purpose of profiting (typically,
though not exclusively, through pay-per-click advertisements).
Cybersquatting is recognized as registration abuse in the ICANN community,
and the UDRP was originally created to address this abuse. There was
consensus in the RAPWG that provisions 4(a) and 4(b) of the UDRP are a sound
definition of Cybersquatting.  Over the years, a number of issues have been
raised regarding the UDRP policy and practices.  These bring up issues of
how cybersquatting is defined and addressed.  For example,  cybersquatting
has been defined differently in different ccTLDs, national law, and
arbitration practices."

 

In the meantime, other members will post up material for the Background
section (5.1.2).

 

All best,

--Greg