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IRT Comments

  • To: <irt-final-report@xxxxxxxxx>
  • Subject: IRT Comments
  • From: "Scott Roberts" <sroberts@xxxxxxxxxx>
  • Date: Mon, 6 Jul 2009 18:14:53 -0500

I am commenting to express my disapproval of the recent proposals suggested
by the IRT, specifically the URS.  While the UDRP system may need work, I
think the URS is heavily skewed in favor of IP holders.

 

The cost/benefit ratio of the URS totally ignores the economic reality
facing many small businesses.  While a large trademark holder may indeed
face thousands of infringing sites each year, those sites typically do not
threaten the livelihood of the organization.  On the other hand, it will
only take one ill-advised URS award to completely kill an innocent small
business.

 

There are essentially no penalties for a abusive complaintants.  I was
shocked when I read that section.  You've got the inmates running the prison
here.

 

Other problems I see:

A response period that a domain holder could miss simply by being on
vacation.

The fees are too low to pay adequate arbitrators.

 

There does need to be a way to protect IP holders (I am one too), but I fail
to see the wisdom in the URS.  It is begging to be abused.

 

Scott Roberts, Principal Consultant

Khamma Group, LLC

sroberts@xxxxxxxxxx

cell  217.971.7558

 

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