As you know the comment period on the IRT committee recommendations to ICANN, which included the Uniform Rapid Suspension (URS) ended yesterday and from the comments of trademark holders, they are not perfectly happy with the URS either.
In reviewing the comments of many of the trade groups and trademark holders I saw a consistent message; the URS is not tough enough or cheap enough.
You know our thoughts on the URS (our comment is posted here, if you haven’t read it, the ICA comment are posted here, Telepathy’s very good comment are here, Paul Keating has an alternative proposal which you read here, and you should read the IP Justice group comments.
CADNA says in their comments that the domains in a URS action should be permanently suspended. (under the URS they are suspended until deleted after expiration).
Moreover CADNA says that the domain holder should have to reimburse complainants “The URS should also include provisions that shift the burden of payment or the dispute process to the infringer”. However I did not see a statement in their comment where they say that an losing complainant should pay the domain holders expenses.
Likewise Verizon in its comments states, that the URS is not tough enough because it “does not transfer the domain back to the trademark holder”.
Verizon also believes the proposed system is not fast enough: “Unfortunately as now proposed the URS cannot be consider Rapid”.
To Verizon credit they do say the URS must be more balanced and suggests that the URS should adopt “a loser pays” fees policy to protect registrants and trademark holders from abuse.
The BBC is worried about the $250 fee and how much of the $250, it can get back if they win most of the domains in a multi-domain complaint:
“”With regard to the proposed partial “loser pays” system for disputes in excess of 25 domain names, this seems reasonable, but we believe that this may be administratively burdensome and the costs of operating this system may outweigh the sums of money being refunded. In the example given by the IRT in note 34, of 100 domain names where 98 are found to be abusive the complainant would pay a fee of $250, of which $245 would be refunded. The respondent would also pay a fee of $250, of which $5 would be refunded. The administrative costs of this $5 refund must surely exceed the sum itself. We suggest that if anything in excess of 75% of the domain names are found to be abusive the complainant receives a full refund, but if fewer than this, the refund be prorated between the parties””
Your reading it right the BBC is concerned that it will not gets its fair share of $25o back along with 75 domains.
The International Olympic Committee (IOC) thinks the 3 strikes and your out for a year, rule is too harsh on trademark holders.
As you know the ONLY penalty currently in the URS proposal to curb abusive claims against domain holders is that any party shown to have filed 3 such absuive complaints in a year would be barred from filing another URS complaint for a year (but could still file all the UDRP’s they want within that year period).
However the IOC calls this policy “Draconian” and unfair to trademark holders.
Time Warner, say “ICANN goal should be to discourage bad actors, including through the risk of financial penalties”. They also want a “heighten scrutiny of Good Faith assertions of registrants” and additional penalties on registrants that assert good faith that are dismissed by the hearing officer”.
Time Warner also wants not just trademark holders to qualify for protection but anyone who has filed for a trademark. Finally Time Warner wants these rules to apply to all existing extension not just the new gTLD’s.
So while domainers commented on the harshness of this proposed rules, it is clear trademark holder do not think they go far enough.
The only point that both domainers and trademark holders, in large agree to, is that the new gTLD’s are not needed, not wanted and should not be approved.
Johnny says
They did not post my comment even though I confirmed though the link sent to my email.
MHB says
That sucks
Philip Corwin says
All through the ICANN meeting in Sydney we heard IRT members contend that their Report was “not a trademark wish list” and that they had “made many compromises”. One member confided to me that he was taking flack because there was any cost to file a URS at all. When you read the trademark owners’ comments you find out that what the IRT members said was true — but only in the sense that they rejected the off-the-wall wishes of trademark owners that would not have passed the laugh test, and that the only compromises were within their own ranks.
Now that the IRT has been dissolved and the comment period on their Report has closed — and with it plain that there is no ICANN community consensus in its favor, and that attempting to adopt the URS or other new policy pieces of it would make a mockery of ICANN’s policy process – the next question is why is ICANN spending lots of registrants’ $money to fund a four city global promotional tour for the IRT Report? If you check out the agenda and speakers for the NYC and London events at http://www.icann.org/en/topics/new-gtlds/consultation-outreach-en.htm you’ll see that there is no balance at all, that critics of the Report are relegated to the audience. Just when you think ICANN can’t make a bad process worse they show you that you’re wrong!
I’ll be in NYC on Monday, July 13th on behalf of ICA, and urge others with IRT/URS concerns to show up and speak out. These Global Outreach events should have no impact whatsoever on what ICANN does with the IRT recommendations, because they stand totally outside the policy development and consensus/comment process and at best can only show that trademark interests support the IRT Report or think it didn’t go far enough – they cannot and should not be cited as any evidence of broader support, and they cannot substitute for a legitimate Policy Development Process.
Oh, and Johnny, send your comments again with a prefatory note that it was sent on July 6th and was not posted for some reason. It will get as much (or as little) attention as if it was posted on Monday.
Seb says
You’re right, if ICANN reads all the comments they’ll notice there’s a general consensus that new gTLD’s should NOT be approved.
But they won’t read that specific part of the comments…
Paul Keating’s alternative proposal is by far the most brilliant proposal i’ve read in a long time.
I sincerely think it’s good for both trademarks owners facing obvious cybersquatting cases and for generic domain owners.