Say NO to -- The Uniform Rapid Suspension System

["Tommy Hemmingsson" <mail@xxxxxxxxxxxxx>]

Dear ICANN,
 
Mugabe the President of Zimbabwe, would have done it in the same way as
ICANN.
By ignoring people with knowledge and experience from the past, he argued 
that he could justify the stealing of assets, by colonial injustice. 
Instead of justice, he created total anarchy in the country. During the last
ten 
years, Mugabe and his cronies have ruined the people of Zimbabwe. 
 
The Uniform Rapid Suspension System, proposal can only be defined as going
back
10 years. And starting all over again can never be justified. Only the
lawyers
and their cronies will have their turn, trying to grab property from people 
and/or companies who have seriously invested vast amounts of time, knowledge
and money into building a viable business from which the communities can
benefit.
 
Remember, much of what is wrong today was unknown 10 years ago.
 
In fact, the application of laws for lesser known trademarks and how
they apply to domain names can still be argued to be a roll of the
dice since intent, use, content and many other factors (outside of
just the trademark ownership) must be used to determine whether or not
the trademark holder has a right to the name. The system for
determining abuse and, acknowledging valid trademark infringements is
still ever evolving - that is why the current UDRP process is where
ICANN should expand on, rather than adopting a shorter, quicker and
"ready for abuse" system such as the Uniform Rapid Suspension System.
 
We need higher levels of protection and validation for domain owners
and trademark holders - not a shorter, simpler solution.
 
The UDRP system currently in place should be refined and the disputes 
must be sorted out on the basis of each parties merits. In my view it 
can not be acceptable with a quick fix, without taking into consideration 
all aspects of who is infringing on who. 
ICANN should stay away from being the judge, and leave the disputes to 
the experts. 
 
The purpose of creating a better process for trademark holders is
valid and wanted by many (even domain owners) however ICANN should
focus on building a better system - not starting a new.
 
We can not afford to start all over again.
 
Regardless of ICANN's informal position on large portfolio owners, it
is not them you should be concerned about -- it is people like me who 
have built up a new business, that will make it possible for the people 
in the third world to start dream about a future.
 
We need to cultivate the current system, for protection of trademarks
but not by introducing a new quick fix  - the Uniform Rapid Suspension
System
can never ever be justified by any domain investor or trademark owner.
It is amazing that ICANN takes on its responsibility to handle disputes
over trademark infringements. 
 
Tommy Hemmingsson
Managing Director
Africa.Rec.com
SafariLodges.com