RE: [gnso-sti] Transfer of domain name to claimant after successful URS

["Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>]

I think that Mike can handle it.  

One other point that we discussed in the IRT and should be considered by
the STI is that by not having transfers available, the URS becomes
absolutely immune to the whole problem of reverse hijackings. 

Thanks.

jon

-----Original Message-----
From: Jeff Eckhaus [mailto:eckhaus@xxxxxxxxxxxxxxx] 
Sent: Monday, November 30, 2009 9:48 PM
To: Nevett, Jonathon; icann@xxxxxxxxxxxxxx; GNSO STI
Subject: RE: [gnso-sti] Transfer of domain name to claimant after
successful URS

One more comment on this or else people will think we are picking on
Mike here.

I am not sure that Mike's  statement below on the URS as being a
deterrent is the true purpose of the URS. I believe the goal of the URS
is the rapid suspension of an infringing domain, not as a deterrent. 

I also would like to point out that not all infringing domains are
malicious and with a rapid transfer there is no remedy for the original
registrant to correct their error, appeal and have their domains
restored. There are many domains that use a TM term to criticize or
comment on certain business practices and there may be an error by the
registrant in placing infringing material on the website and needs to be
corrected. With the rapid transfer as you propose there is no recourse
for these registrants. 

Look forward to discussing this in further detail this whole week


Jeff



________________________________________
From: owner-gnso-sti@xxxxxxxxx [owner-gnso-sti@xxxxxxxxx] On Behalf Of
Nevett, Jonathon [jnevett@xxxxxxxxxxxxxxxxxxxx]
Sent: Monday, November 30, 2009 6:34 PM
To: icann@xxxxxxxxxxxxxx; GNSO STI
Subject: RE: [gnso-sti] Transfer of domain name to claimant after
successful URS

Mike:

It would be great if you could provide some evidence to back up some of
your statements.

For example, you say that the URS would "take almost as much time as a
UDRP decision."  I believe that we are contemplating a process of
approximately 25 days from complaint to decision.  What is the average
length of a UDRP from complaint to decision in a contested case?  Does
WIPO publish that kind of data?  Perhaps Mark, as a UDRP panelist, would
know generally how long it takes.

You also say that a URS would "cost almost as much" as a UDRP case.  The
IRT recommendation was in the $100-200 range and the ICANN staff
recommendation was $300 - isn't that significantly lower than the
current UDRP fees?

The goal of the URS was to give an aggrieved TM holder the choice
between a cheaper and faster process that would result in a takedown vs.
a longer more expensive process that would result in a transfer.  I
agree with you that if we continue to morph the URS into the UDRP, it's
not worth having both.  The better approach, however, is to keep the
recommended distinctions and provide TM holders with a choice.

Thanks.

Jon

________________________________
From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On
Behalf Of Mike Rodenbaugh
Sent: Monday, November 30, 2009 8:46 PM
To: 'GNSO STI'
Subject: RE: [gnso-sti] Transfer of domain name to claimant after
successful URS

Jeff,

The URS was a compromise devised by a small subset of the community, in
response to the larger issue of deterring cybersquatting in new TLDs.
The URS, if it does not have a transfer option, will not have any
deterrent effect.  It will take almost as much time as a UDRP decision,
and cost almost as much, while still forcing a UDRP or court action in
order to effectively solve the problem.  Why would anyone use it?

The UDRP has proved ineffective as a deterrent, since the advent of PPC
advertising (and then domain tasting), due to the cost and time required
for a decision, compared to the cost and time required to register
clearly infringing domain names.  This is obvious, and is the reason why
we are all trying to find a better solution that will deter obviously
bad behavior.  To develop a cheaper and quicker process for obvious
cases, while still protecting due process interests of registrants, was
the reason for the URS (and the IRT).

While the 'no transfer' version of the URS might have made more sense if
the entire 'tapestry' of RPMs were adopted, it makes no sense when the
only new solutions will be a Clearinghouse and the URS.  In any event,
the IRT was incredibly rushed, and likely did not think through all of
the issues as thoroughly as they would have done had they had more time
and broader input.  This is why we are now convened as the STI, to come
up with something better.

Mike Rodenbaugh
RODENBAUGH LAW
548 Market Street
San Francisco, CA  94104
(415)
738-8087<http://service.ringcentral.com/ringme/callback.asp?mbid=5717843
8,0,&referer=http://rodenbaugh.com/contact>
http://rodenbaugh.com<http://rodenbaugh.com/>


From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On
Behalf Of Jeff Eckhaus
Sent: Monday, November 30, 2009 5:24 PM
To: 'Neuman, Jeff'; Alan Greenberg; GNSO STI
Subject: RE: [gnso-sti] Transfer of domain name to claimant after
successful URS


I know we have debating this issue and the more that I think about this
the more I think we are moving away from the original concept of the URS
with the allowance of a transfer.  The main idea is a Uniform Rapid
Suspension, not a transfer. If there is a need to transfer the domain
there is the UDRP, an established process that has years of experience
and data behind it to show what are the levels needed to transfer
domains.

As a Registrar, I am very concerned about the complaints, issues and
other proceedings against registrants who have had their domains
transferred away from them without what they believe is due process.





Here is the language from the ICANN document in case many have forgotten
what the goal of the URS is



The URS    would exist as a complement to the UDRP , which also
addresses matters of trademark infringement in domain names.  However,
the URS is designed to

provide a faster means to stop the operation of an abusive site, while
the UDRP provides for transfer of

a contested domain name to the rights holder.  Rights holders seeking to
pursue cases of infringement

could use either or both procedures.





I know we have all been working many hours on this and moving ahead but
sometimes we need to look back at the original idea to move forward





Jeff











-----Original Message-----
From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On
Behalf Of Neuman, Jeff
Sent: Wednesday, November 25, 2009 7:21 AM
To: Alan Greenberg; GNSO STI
Subject: RE: [gnso-sti] Transfer of domain name to claimant after
successful URS





Sorry I missed the call yesterday, but everyone deserves a vacation once

in a while.  Please remember, that while I do not have an issue with a

transfer, I have a huge issue with the proposed waiting period.

Remember, under the UDRP, all implementation of decisions is done at the

registrar level.  What is being proposed now with the URS is

implementation at the registry level which is a whole new ball game.  To

the extent that the STI expects the Registry to implement the 90-180 day

waiting period before the transfer, this is something I strongly oppose.

This would require all new coding of each new registry for a process

that will rarely (in the scheme of things) be used.



In addition, under the UDRP, the registrar has a short 10 days to hold a

name while pending appeal.  The number of cases that fall into an

expiration/auto renew period is very small.  Extending that

waiting/appeal period to 90-180 days drastically increases the number of

names that will fall into that expiration period.  That is a huge

implementation problem.



My strong suggestion....make it like the UDRP.  Transfer option offered

right away with a 10 day appeal period and have it implemented the same

way the UDRP is implemented.  The registries will not support a new

system just for URS.



Sorry to be so direct, but I want to make sure my disagreement is clear.



Jeffrey J. Neuman

Neustar, Inc. / Vice President, Law & Policy





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-----Original Message-----

From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On

Behalf Of Alan Greenberg

Sent: Wednesday, November 25, 2009 9:57 AM

To: GNSO STI

Subject: [gnso-sti] Transfer of domain name to claimant after successful

URS





The following comments are my own and have not yet been discussed

with Olivier or At-Large.



At the end of the call yesterday, it seemed that the issue is

transfer of the domain name after a successful URS has become a

critical go/no-go issue.



I was not a strong supporter of this to start, and in fact accepted

the argument that just because one slime-ball misused a TM which also

has alternate meanings, does not mean the next registrant will, and

we should not take names out of the name pool forever due to one

problem.



Based on what I have heard to date, I have changed my mind.



The argument that the next registrant may use the generic word or TM

in a more benign way is true, but the chances are that eventually

that name will go back into the pool again (via a delete or an

auction) and the NEXT user may not be as conscientious.



I support the ability of a successful URS claimant to adopt the name

(at their choice) but only after some reasonable amount of time has

passed. Perhaps 90-180 days.



We have already generally acknowledged that there is a need for a

claimant to be able to extend a registration if necessary so that it

does not expire during the URS process (although it is not clear how

easy this will be to implement).



I would suggest that a successful claimant can take over the name at

the end of the registration period (it is locked until then), but in

no case less than 90 days.



Since a locked-after-successful-URS domain will be explicitly flagged

as such (since it will point to the URS provider's special alert

page), it should be possible to implement this.



Alan