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Registrar Stakeholder Group Position on Special Trademark Issues Report

  • To: "sti-report-2009@xxxxxxxxx" <sti-report-2009@xxxxxxxxx>
  • Subject: Registrar Stakeholder Group Position on Special Trademark Issues Report
  • From: "Clarke D. Walton" <clarke.walton@xxxxxxxxxxxxxx>
  • Date: Tue, 26 Jan 2010 11:19:02 -0500

January 26, 2010


Registrar Stakeholder Group Position on Special Trademark Issues Report


BACKGROUND

In December 2009, the Registrar Stakeholder Group ("RSG") was asked to provide 
comments regarding the Special Trademark Issues Report on Trademark Protection 
in New gTLDs ("STI Report").  This Position Paper captures the overall 
sentiment expressed by the RSG Members who provided feedback about this matter. 
 Due to time constraints, however, no formal vote regarding this Position Paper 
was taken.

RSG POSITION

The RSG commends the STI Working Team for its efforts publishing the STI Report 
under limited time constraints.  The RSG generally supports the STI Report 
recommendations.  Furthermore, the RSG specifically supports two 
recommendations from the STI Report.

1. Trademark Clearinghouse Should Only Be Required Pre-launch.

The Trademark Clearinghouse should be required to operate only pre-launch and 
not post-launch to avoid a chilling effect on registrations.  The RSG further 
suggests that a registry should be able to voluntarily choose to employ the 
Trademark Clearinghouse post-launch, but this decision should be made at the 
discretion of the registry and not mandated.

2. Domain Name Transfer Should Not Be Allowed Under The URS.

Complainants utilizing the Uniform Rapid Suspension System ("URS") should not 
have the option to receive a transfer of the domain name like successful 
complainants can obtain under the Uniform Domain Name Dispute Resolution Policy 
("UDRP").  The URS is intended to be a quick and cost effective way for a 
successful complainant to takedown an infringing domain name.  The URS is not 
designed to acquire a transfer of the domain name.  By contrast, an action 
under the UDRP is the appropriate mechanism for acquiring a transfer of an 
infringing domain name.  If transfer of a domain name was an available remedy 
under the URS then there would be no reason to have both the URS and UDRP.

Also related to this recommendation, the RSG supports the option of adding one 
year to the domain name registration at the request of a successful URS 
complainant if the complainant pays commercial rates.  This option should be a 
one-time extension to prohibit complainants from keeping the domain name 
suspended indefinitely.

Finally, the RSG supports permitting the WHOIS record to be updated after a 
successful URS proceeding so that the original registrant's contact information 
is removed and the registrant WHOIS record reflects "SUSPENDED" status.

CONCLUSION

The opinions expressed by the RSG in this Position Paper should not be 
interpreted to reflect the individual opinion of any particular RSG Member.

Attachment: RSG Position - Special Trademark Issues Report FINAL.pdf
Description: RSG Position - Special Trademark Issues Report FINAL.pdf



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