Lovells' support for anti-domain name tasting measures and abuse of the AGP

["Taylor, David" <drd@xxxxxxxxxxx>]

Dear Sir
 
I am a partner in the Intellectual Property, Media and Technology Group of the 
international law firm Lovells, and head up the Lovells Domain Name Practice, 
based in Paris.  We manage over 14,000 domain names for our clients, mostly 
major brand owners, and regularly seek to recuperate domain names on their 
behalf, whether via court action or dispute resolution.  I am of the opinion 
that recent developments in the domain name system, such as automated 
registration by computer software and anonymous WHOIS, and in particular the 
rise of domain name tasting and kiting, are encouraging abuse of the system by 
cybersquatters and domain tasters gaming the domain name system. This situation 
has resulted in the often mass registration of domain names by those with scant 
regard for the rights of brand owners, who are then faced with the difficult 
and expensive task of recuperation.  Furthermore, recuperation is often 
complicated by the rapidly changing zone files and transient nature of 
registrations made by those who wish to profit from the Add Grace Period.  
Monitoring and tracking are all the more difficult.  I would therefore support 
any measures taken to curb or reduce domain name tasting and would recommend 
that the AGP is either abandoned or used for its intended purpose.  What actual 
value does it add to the Internet?  Ultimately it may even undermine the domain 
name system itself. 
 
Yours faithfully
 
David Taylor
Partner
Lovells LLP

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