ICANN Email Archives: [whois-comments-2007]

["Neil P. Melliship" <NPM@xxxxxxxxxxx>]

Dear Sirs/Mesdames,
Re: Proposed ICANN changes to Whois system
 
I am a Partner with Clark Wilson LLP, a law firm based in Vancouver,
Canada.  We represent many trademark owners and in the course of such
representation, have often come up against issues involving abuse of
domain names that infringe or that appear to infringe our our clients'
trademarks.  The Whois database, to the extent that it contains accurate
and up to date information, has often proven to be an invaluable tool in
assisting to determine ownership of domain names, to assess potential
strategies for obtaining the transfer of domain names that have been
wrongfully registered, and for assessing whether domain names have been
registered in bad faith or conversely, whether the Registrant has a
legitimate claim to a domain name.  
 
In light of the above, I am recommending that the GNSO Council should
adopt Motion 2 and reject Motions 1 and 3.  Motion 2 is set out below.

Motion 2, advanced and supported by INTA's Internet Committee, proposes
that ICANN 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.

Motions 1 or 3, if adopted, will, in my view, make it much more
difficult for legitimate trademark owners to assess and protect their
rights and there's no reasonable justification for the changes that will
be brought about if Motions 1 or 3 are adopted.  

Respectfully submitted.

Neil Melliship
Partner, Technology and Intellectual Property Group
Clark Wilson LLP
Barristers & Solicitors
Patent & Trade-Mark Agents
800 - 885 W Georgia Street
Vancouver, BC  V6C 3H1  Canada
npm@xxxxxxxxxxx
Direct Line  604.643.3154
Fax  604.687.6314
www.cwilson.com
www.trademarkblog.ca <http://www.trademarkblog.ca/>