Revisions to ICM Registry Appendix S

[Danny Younger]

Hi Mawaki,

This is the Appendix S language:

MECHANISMS TO PREVENT, DISCOURAGE, & ADDRESS ABUSIVE
REGISTRATIONS

5.  Rapid Takedown

Analysis of UDRP disputes indicates that the majority
of UDRP cases involve obvious variants of well-known
trademarks. ICM Registry does not believe that the
clearest cases of abusive domain registration require
the expense and time involved in traditional UDRP
filings. Accordingly, ICM Registry will institute a
rapid takedown procedure in which a response team of
independent experts (qualified UDRP panelists) will be
retained to make determinations within 48 hours of
receipt of a short and simple statement of a claim
involving a well-known or otherwise inherently
distinctive mark and a domain name for which no
conceivable good faith basis exists.  Such
determinations will result in an immediate termination
of resolution of the domain name, but will not
prejudice either party’s election to pursue another
dispute mechanism. The claim requirements will be
modeled after the Digital Millennium
Copyright Act. (ICM welcomes IP community input on
this procedure.)


The Digital Millenium Copyright Act approach uses a
very short form to expedite take-down; the form looks
like this:

1. Detailed identity of the copyrighted work that I
believe has been infringed upon. This includes
identification of the web page or specific posts, as
opposed to entire sites. Posts must be referenced by
either the dates in which they appear or the permalink
of the post
>Include here the URL to the concerned material
infringing your copyright (URL of a website or URL to
a post, with title, date, name of the emitter), or
link to initial post with sufficient data to find it
back easily

2. Identity of the material that I claim is infringing
upon the copyrighted work listed in item #1 above.
>Include here the name of the concerned litigeous
material (all images or posts if relevant) with their
complete reference

3. Location of the author copyright notice (for
information).
>Include here the possible URL of the page in which
you have list or give detail about your copyright.
This information is optional as all work of the mind
are by default protected by the Copyright Berne
Convention

4. Information to permit our company, the provider, to
contact you.
>Include here your email, fax or postal address to
quickly get a feedback from the provider.

5. Statements
Reproduce the next statements:
I have a good faith belief that use of the copyrighted
materials described above on the infringing web pages
is not authorized by my registered copyright and by
the law. I swear, under penalty of perjury, that the
information in the notification is accurate and that I
am the copyright owner of an exclusive right that is
infringed.
Your signature
>Signature of the author
>Add your name here


A DMCA-modeled approach will make it too easy for
trademark interests to rapidly take down content when
it may not in fact be infringing -- this can serve to
have a chilling effect.



--- Mawaki Chango <ki_chango at YAHOO.COM> wrote:

> Danny,
> 
> Would you be so kind to decipher this for the rest
> of us?
> Thanks,
> 
> Mawaki
> 
> --- Danny Younger <dannyyounger at YAHOO.COM> wrote:
> 
> > Dear members of the ICANN Board,
> > 
> > While ICM Registry may be comfortable with a rapid
> > takedown procedure modeled on the DMCA (appendix
> 1,
> > point 5), I would argue that this provision within
> > Appendix S warrants further community-wide
> discussion.
> >  
> > 
> > Best regards,
> > Danny Younger
> > 
> > 
> > 
> > 
> >  
> >
>
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> 



 
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