WHOIS

["Harding, Frances" <HardingF@xxxxxxxxxxxx>]

Dear Sirs,
 
I am contacting you with regard to the three Motions to be voted on by
the GNSO Council regarding the future of the Whois system. 
 
My understanding is that the Motions are as follows:
 
1.a new 'Operational Point of Contact' (OPoC) - with undefined legal
responsibilities - to replace the current domain registration contacts.
The 'OPoC' proposal also limits the amount of publicly displayed domain
name ownership information - data which is often used by consumers, law
enforcement and Internet stakeholders to manage, police and protect
consumer and intellectual property rights on the Internet. 

2. ICANN to conduct an objective and comprehensive study on the
legitimate abuses and uses of Whois data - before making policy changes
that may permanently alter the structure of the domain name and Whois
system.

3. The elimination of all contractual obligations which require
registrars to display domain name ownership and contact details,
effectively abolishing the entire Whois system for Generic-Top-Level
domain names.

Every year, many infringements of my company's trade marks take place
over the Internet. In order for us to take quick and effective action
against the infringers, it is essential for  us to have immediate access
to accurate Whois information. 

With regard to Motion 1, I am not sure how the Operational Point of
Contact system would work but anything that restricts public access to
Whois information will make it very difficult for trade mark proprietors
to take action against infringers. If it is proposed that the
Operational Point of Contact should be able to disclose information
where the situation warrants it, it means that the Operational Point of
Contact will effectively be in a position to prejudge infringement
issues which is neither helpful nor equitable.

Motion 3 which would abolish the Whois system would effectively give
infringers a screen to hide behind and make it extremely time consuming
and costly for trade mark owners to be able to take action.

In view of this, I urge the Council to vote for Motion 2.

Regards

Frances Harding

Head of Trade Marks

EMI Group Limited

27 Wrights Lane
London W8 5SW
 
Tel: +44 (0)20 7795 7313
Fax: +44 (0)20 7795 7314
email:hardingf@xxxxxxxxxxxx
 

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