In a letter to ICANN, The World Intellectual Property Organization (WIPO) which handles domain dispute cases, is urging ICANN to pass “tough new rules to curb abusive practices by “cybersquatters” and domain registrars”.
This action is required because of all the domain extensions ICANN is planning to roll out which could result in hundreds or thousands extensions, compared to the 21 now authorized.
This would present a “nearly unmanageable task” for trademark owners to monitor abuse, says Francis Gurry, Wipo director-general.
ICANN has agreed in principle that WIPO will handle challenges by trademark holders to proposals for new top-level domains. But the UN agency says stronger rules are needed to deter usurpation of trademark names after top-level domains have been registered, targeting abusive practices by registrars that “cause or materially contribute to trademark infringement”.
These would include deliberately or knowingly registering web addresses that violated trademark rights or failing to put in place reasonable procedures for protecting such rights. Sanctions for breaching the rules could extend to injunctions to cease registrations of particular names or even cancellation of the registrar’s contract with ICANN.
As we keep saying, this new gTLD process is going to effect all existing extension and domains as well, and every domain holder needs to stay current on this issue and make sure they participate in the process.
This goes to the very heart of the matter – WIPO is not neutral!! Their true colors in favor of the Complainants are showing and they could care less.
Basically, they want the registrar to become the policeman will Icann pockets the money for the new TLDs.
And, if the registrar fails to stop a domainer from registering a “questionable” domain than they are as guilty as the domainer.
Therefore, the registrar has to make a judgement call as to what is an TM infringement.
Is ChesapeakeBay.eco an infringement of eBay’s TM?
Will IBM.eco or DrugStore.eco be blocked by one registrar?
While another registrar might permit it?
wow, there are just so many changes going on all at once. It is pretty wild I think. Usually its one or two things at a time.
Domainer
If these rules go into effect they would also apply to all existing registrations and extensions
It’s a good time to go to law school…will be tons of money spent on all this #@^&
As you read their press release, you get the impression that cybersquatting is spreading like an epidemic.
http://www.wipo.int/pressroom/en/articles/2009/article_0005.html
If they placed the quantity of registered domains compared to the quantity of WIPO cases (table #1),
it would take the wind out of their sails.
Domainer
exactly right.
Let’s say well over 50 stories reporting this today and none of them take into account the growth of the net and 177 million domains registered and 2,500 cases.
Moreover each of the stories talk about the number of cases equaling more cybersquatting, when it just means there are more cases.
@Mike
This same argument can be applied to web hosting companies as well. Hosting companies have been dealing with TM issues for years.
As someone who runs data centres with millions of domains on our networks, I can tell you that dealing with trademark/copyright issues is tricky one. Like most hosting companies, we have policies in place to accept, review, and take action on abuse complaints. It has worked well for years and I think the TM holders understand that abuse complaints are taken seriously by hosting companies.
Perhaps registrars should adopt the same sort of procedures, instead of allowing registration of the TM domains AND auctioning off the TM domains in the aftermarket!
– Richard
“This would present a “nearly unmanageable task” for trademark owners to monitor abuse, says Francis Gurry, Wipo director-general.”
The above quote is true and correct. The trademark infringement casualties will be greatly multiplied and overwhelm UDRP (WIPO, NAF).
Howver, putting “authority” in the hands of registrars to decide infringing domains is monumentally absurd. The majority of registrars lack professionalism and business integrity making such a proposal categorically unacceptable. Never, could this be permitted … and work. It could never work.
Software to alert and purge already exists.
There is absolutely no incentive for the dropcatchers and registars to use this.
As long as TM name are allowed to be regged, bought, sold, caught, auctioned, parked and traded then this practice will continue unabated.
The alternative to ICANN and the registrars not cleaning up their own act is the US Department of Justice and Commerce to step in and regulate the industry.
Once a few wire fraud cases are brought againts registrar and they are fined along with paying a big chunk of change for damages, then we’ll suddenly see the registrars and dropcatchers suddenly useing this technology.
You see, domainers and registrars are not going to like the alternatives. The whole domain industry will bitch and whine and moan.
And every one will act like they didn’t do anything wrong or did not see this coming.
Where does it say they want to hold registrars responsible ? I didn’t see it in any of the quotes you cited and you didn’t link to the article.
Adam
I read this in several stories covering this, including:
http://www.ft.com/cms/s/0/15710d0e-1172-11de-87b1-0000779fd2ac.html?ftcamp=rss&nclick_check=1
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