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All,<br>
Konstantinos and I wanted to share some notes from a meeting we had
with ICANN Senior Staff Kurt Pritz and Doug Brent last Friday.<br>
It was a fascinating and very worthwhile meeting. It took place in
Washington DC, and Konstantinos joined us by videoconferencing.<br>
<br>
Konstantinos and I wanted to share with ICANN some of our views as
experts in the field who have analyzed the IRT Report closely and
consulted widely with NCUC members, ALAC, Registrars, Registrant
Attorneys and IRT members. Konstantinos wrote his dissertation on the
UDRP and its impact inside and outside of ICANN, and is currently
writing a book on Domain Name Regulation. I have represented
registrants in domain name disputes since 1996. We made sure everyone
knew we were there in our personal capacities. <br>
<p style="margin-bottom: 0in;">We discussed why were there (3 reasons):<br>
</p>
<p style="margin-bottom: 0in;">A. We feel there are important voices
not heard in full in the IRT discussion -- including noncommercial,
educational, research, academic, entrepreneur, organizational,
hobbyist and small businesses.</p>
<p style="margin-bottom: 0in;">B. We support new gTLDs - New gTLds
promise to open up bold new opportunities for speech and
communication, diversity and distinction. The same words, used in
different contexts online, will easily serve different markets and
community segments.</p>
<p style="margin-bottom: 0in;">C. We feel Innovative Solutions are
critical to getting the rules right for new gTLDs - Our hope: that
the new rules proposed for trademark protection in the new gTLDs
reflect the balance of trademark law... and do not extend into the
new gTLDs an artificial scarcity and a protection of unrelated legacy
rights.</p>
<p style="margin-bottom: 0in;"><br>
We discussed trademark law and
traditional limits and protections of free speech, fair use and the
right of all to use basic dictionary words and their own surnames.</p>
<p style="margin-bottom: 0in;"><br>
We then provided ideas for
improvement:</p>
<p style="margin-bottom: 0in;">(A) A few private, regional Trademark
Clearinghouses, rather than a single monolithic clearinghouse of
vague and unverified “intellectual property.”</p>
<p style="margin-bottom: 0in;">(B) Deep GPML criticisms and deep
concerns that the results of ICANN creating such a list (when even
WIPO cannot) will expand trademark rights beyond any existing bounds,
both in ICANN and outside of ICANN. There is no global consensus on
famous marks.</p>
<p style="margin-bottom: 0in;">(C) Close URS analysis – we showed
how many of the concerns driving the creation of the URS, a
completely parallel system to the UDRP (and one which replace it) can
best we addressed by other means – namely, criminal law for fraud,
phishing, fake medicines, etc. There are already criminal takedown
procedures in place- and ones in the process of being created! </p>
<p style="margin-bottom: 0in;">We suggested that URS be modified by:</p>
<ol>
<li>
<p style="margin-bottom: 0in;">Convening a full UDRP forum to
address everyone's issues and concerns on a fair playing field;</p>
</li>
<li>
<p style="margin-bottom: 0in;">Adopt suggestion of Registrant
Attorney Paul Keating, namely, revise the UDRP for new gTLDs to allow
Respondents to decide if they want to defend the domain name, or
transfer it immediately. </p>
</li>
<li>
<p style="margin-bottom: 0in;">Narrow the URS to the real concern
of the large trademark owners: serial cybersquatting, including the
registration of hundreds of variations of well-known marks for the
purpose of pay-per-click monetizing of the value. </p>
</li>
</ol>
<p style="margin-bottom: 0in;"><br>
Attached are three mini-White Papers that Dr. Komaitis and I wrote and
shared. They are about the IRT
requests, their dangers and problems, and options/innovative solutions
explored in greater
detail.</p>
<p style="margin-bottom: 0in;">Kurt and Doug listened carefully, and
engaged us with some excellent questions. We urge you to follow-up with
the ICANN
staff and share your ideas and concerns – and anything you might
agree with in these papers!</p>
<p style="margin-bottom: 0in;"><br>
</p>
Best,<br>
Kathy and Konstantinos<br>
<br>
<br>
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