Proposed ICANN changes to Whois system

["Karen J. Monteith" <KAR@xxxxxxxxxxx>]

Dear Sirs/Mesdames:
 
Re: Proposed ICANN changes to Whois system
 
I am a Registered Trade-mark Agent with Clark Wilson LLP, a law firm
based in Vancouver, British Columbia, Canada.  

We represent many trademark owners and in the course of such
representation, we often encounter issues involving abuse of domain
names that infringe or that appear to infringe our clients' trademarks.
We also represent clients who purchase domain names.  The Whois database
is an invaluable in assisting to determine ownership of domain names,
whether such information is used with respect to assessing infringement
matters or with respect to acquisition of domain names.

In light of the above, I recommend 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 for legitimate purchasers to negotiate purchases of domain
names.

Respectfully submitted,

 

Karen Monteith
Trade-mark Agent
Clark Wilson LLP
Barristers & Solicitors | Patent and Trade-mark Agents
800 - 885 West Georgia Street, Vancouver, BC Canada V6C 3H1
Ph:  604.643.3104 | Fax:  604.687.6314
www.cwilson.com <http://www.cwilson.com/>  | www.trademarkblog.ca
<http://www.trademarkblog.ca/>