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

["Greg Aaron" <gaaron@xxxxxxxxxxxx>]

Dear Berry:

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.

All best,
--Greg




-----Original Message-----
From: berrycobb@xxxxxxxxxxxxxxxxxxx [mailto:berrycobb@xxxxxxxxxxxxxxxxxxx] 
Sent: Monday, May 17, 2010 10:45 PM
To: gnso-rap-dt@xxxxxxxxx
Subject: RE: [gnso-rap-dt] new Cybersquatting definition



Greg,

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
community,????

Shouldn?t it state:

Cybersquatting is recognized as registration & use abuse in the ICANN  
community,????

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.


Berry Cobb
Infinity Portals LLC
berrycobb@xxxxxxxxxxxxxxxxxxx
http://www.infinityportals.com
866.921.8891

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
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