Comments on vote on motions before the GNSO re Whois data

["Duffin, Frank" <FDuffin@xxxxxxxxxx>]

Gentlepersons,
 
In response to the ICANN's request for feedback concerning possible
chances to or elimination of the Whois database, I write to voice my
support for Motion 2 currently before the GNSO, namely, the proposition
that ICANN conduct an objective and comprehensive study on legitimate
abuses of Whois data before making policy changes that alter the
structure of the domain name and Whois system.
 
As a trademark attorney whose practice regularly involves efforts to
curtail infringements and other illegitimate uses of the marks of my
clients, I believe that it is imperative that the Whois data be
available to brand owners in order to facilitate elimination of brand
misuses that result in consumer confusion.  Having to resort to in rem
and/or "John Doe" lawsuits, with invocation of subpoena power in order
to find out the contact information necessary to eliminate misuse of
brands,  will serve as an additional burden on already-overtaxed court
systems, causing delays that put consumers at significant risk.  
 
I reiterate my support of Motion 2 that is currently before the GNSO.
 
Sincerely
 
Frank
 
Frank Duffin
WIGGIN AND DANA LLP
One Century Tower
P.O. Box 1832
New Haven, Connecticut 06508-1832
 
P: 203.498.4347
F: 203.782.2889
E: fduffin@xxxxxxxxxx <mailto:fduffin@xxxxxxxxxx> 
 
 


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