Question 5: UDRP

Wed Oct 5 11:58:55 CEST 2011

I agree with what has been said to date.

The UDRP is constantly being amended ---by the trademark lawyers (including myself) who interpret it as panelists.

See for example the Octogen case (recently upheld by a 3 member panel) –negotiating the cumulative requirements of bad faith registration and bad faith use.

So as it is being constantly amended –there is no will to negotiate those amendments with speech and other stakeholders.

Best,

Victoria McEvedy

Principal

McEvedys

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-----Original Message-----
From: NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Wendy Seltzer
Sent: 05 October 2011 05:46
To: NCSG-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: [NCSG-Discuss] Question 5: UDRP

>> Question 5: What is you view on the issue of UDRP review?  Are there

>> respondents rights that need attention such as the length of time a

>> respondent gets to respond.

>

I agree with Rafik. As we have both said in Council meetings and public

forums, it's not right for this important policy to be uniquely exempted

from review.  As ICANN proposes the contracting-out of even more

contention decisions (URS, string contention in new gTLD applications,

morality and public order challenges), I think review can help us to

refine the way ICANN uses arbiters, and ensure its fairness.

In response to Nicolas Adam's question:

> -- How long a time do you think is ok for defendant in a UDRP process

to have?

I believe the defendant/respondent needs adequate time to get real

notice of the complaint, and time and opportunity to find help in

understanding it before responding, including translation, if necessary.

Although the process is supposed to be doable without a lawyer, many

non-commercial registrants may not feel prepared to represent themselves

without counsel.  I've similarly fought for safeguards in the Uniform

Rapid Suspension process.

--Wendy

On 10/04/2011 09:41 AM, Rafik Dammak wrote:

> Hello,

>

> there was already some discussion about UDRP and the urgent need for

> reviewing it as many academic papers and surveys (collected and some of them

> authored by Konstatinos and Milton) concluding about the issues related to

> UDRP and its limitations as arbitration process for domain names to ensure

> fairness. . this process need to be reviewed and assessed and more efforts

> and changes to make it fair and not quasi-systematically in favor of

> plaintiff in many cases including trademark.

>

> there is ongoing discussion  in NCSG ML about the issue report of the

> current state of UDRP and the alarm is triggered with the resistance of

> ICANN staff in regard of initiating any actions or starting the process of

> reviewing. we cannot accept this statu quo situation.

>

> definitely the respondents rights needs more attention in particular with

> the introduction of new process by new gTLD program mainly inspired from

> UDRP which is the URS .URS raise issues like the time length to respond ,

> again over again.

>

>

> Rafik

>

> 2011/9/30 Avri Doria <avri at acm.org>

>

>> As I have not been able to get a conference call scheduled yet, I am

>> starting the question process.  I suggest that all candidates answer all

>> questions.  I suggest that they feel free to debate among themselves and

>> with the members of the NCSG.

>>

>> Thanks

>>

>> Avri

>>

--

Wendy Seltzer -- wendy at seltzer.org +1 914-374-0613

Fellow, Yale Law School Information Society Project

Fellow, Berkman Center for Internet & Society at Harvard University

http://wendy.seltzer.org/

https://www.chillingeffects.org/

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