RE: [gnso-rap-dt] new Cybersquatting definition
- To: <berrycobb@xxxxxxxxxxxxxxxxxxx>, <gnso-rap-dt@xxxxxxxxx>
- Subject: RE: [gnso-rap-dt] new Cybersquatting definition
- From: "Greg Aaron" <gaaron@xxxxxxxxxxxx>
- Date: Tue, 18 May 2010 13:20:05 -0400
Thanks for your note. The UDRP currently requires use of the domain, as a
signal of bad faith. UDRP is narrow in that it is relevant to infringing
domain strings, and does not cover that all uses of domain names.
So using the term "use abuse" could be potentially confusing, or over-broad.
Our report talks about some domain use abuses (say, malware) that have
nothing to do with the UDRP because there's no infringing string involved.
From: berrycobb@xxxxxxxxxxxxxxxxxxx [mailto:berrycobb@xxxxxxxxxxxxxxxxxxx]
Sent: Monday, May 17, 2010 10:45 PM
Subject: RE: [gnso-rap-dt] new Cybersquatting definition
I like the enhancements to the definition. I?m sure you will want to
punch me for my only comment. ?
Cybersquatting is recognized as registration abuse in the ICANN
Shouldn?t it state:
Cybersquatting is recognized as registration & use abuse in the ICANN
The first sentence of the definition states ??bad-faith registration
and use?.? I as I understand, UDRP is a policy that not only
addresses Registration but Use as well and this policy is referenced
within the debate of ICANN policy scope where use is considered.
Just my two cents.
Infinity Portals LLC
From: owner-gnso-rap-dt@xxxxxxxxx [mailto:owner-gnso-rap-dt@xxxxxxxxx]
On Behalf Of Greg Aaron
Sent: Monday, May 17, 2010 6:13 PM
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
In the meantime, other members will post up material for the
Background section (5.1.2).