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Uniform Rapid Suspension

  • To: <proposed-protection-mechanisms@xxxxxxxxx>
  • Subject: Uniform Rapid Suspension
  • From: "Anne E. Aikman-Scalese" <aaikman@xxxxxxxxx>
  • Date: Sat, 21 Nov 2009 23:24:42 -0700

The Uniform Rapid Suspension procedure as recommended by the IRT should
be implemented.  Over 70% of all WIPO UDRP proceedings result in default
judgments.  This is because so many registrants are well aware they do
not have solid defenses to the complaints.  It would be a huge mistake
for ICANN to risk its own credibility and the stability of the global
electronic marketplace by failing to institute adequate measures to
protect holders of trademark rights.  The sheer volume of litigation
over domain name abuse with only the existing TLDs in place should be
enough to persuade ICANN that the current system is not working well.
Weighing the balance of potential harms, the URS procedure strikes a
fair balance between the rights and interests of trademark holders and
the rights and interests of new registrants.  Proliferation of unlimited
gTLDs without providing for this mechanism will create an unfair
financial burden on trademark holders with respect to enforcement costs
and the costs of defensive registrations.  These costs will ultimately
be passed to consumers and also to public bodies, for example, to public
universities who can ill afford to spend more time and money policing
their trademarks at this time.  


Although it may be intuitively true that issuance of numerous new gTLDs
will open up competition, it is not at all clear that the essential
nature of this increased competition will in fact be fair rather than
unfair.  Of course, unfair competition is actionable, but in the realm
of domain name registrations,  it is often difficult to find infringers
due to privacy protection and due to the fact that the infringers can
simply give up one unscrupulous domain name registration and readily
invent another one by adding a dash or changing a letter.  Registrars
need to develop a higher sense of responsibility to the trademark holder
community and to the potential for abuse and market disruption as well
as the safety issues created, particularly in the pharmaceutical and toy
industries, where unscrupulous persons and entities launch Internet
businesses by trading on well-known marks and engaging in unfair
competition.  In this regard, Uniform Rapid Suspension would be
particularly useful where the potential for harm to the consuming public
can be demonstrated at the pleading stage.   Failure to implement
Uniform Rapid Suspension procedures, especially as to areas involving
public safety, e.g. dot pharmaceuticals, dot drugs, dot toys, etc. would
be socially irresponsible conduct.  


Anne E. Aikman-Scalese
aaikman@xxxxxxxxx <mailto:aaikman@xxxxxxxxx> 
Waterfall, Economidis, Caldwell, Hanshaw and Villamana P. C.
5210 E. Williams Circle Suite 800
Tucson AZ 85711
(520) 202-7835 (Voice)
(520) 745-1279 (Fax)

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