ICANNstuff:URS

NCSG position:

Uniform Rapid Suspension System (URS)

➢ It is not a treatment of egregious cases, but an end-run about the UDRP.

A. Strips registrants of all rights and due process: 1. The standard is so lax; it does not rise even to the level of the UDRP. It loosens the criteria, stripping bad faith as one of the factors that need to be proven. 2. The change strips all domain name registrants of all rights – and all natural use of words and language. It will make it nearly impossible to register domain names in new gTLDs.

B. Does not focus on Serial Cybersquatting. At least in the case of serial cybersquatting, there is some evidence, on its face, of alleged bad faith.

C. Makes a huge deal of two irrelevant factors: 1. Standard of proof 2. No transfer of the domain name. This may be meaningful to the complainant, but it is completely unmeaningful to the defendant, the domain name owner. (I put that in order later to be seen as giving something away)

D. Completely forgets that Registrant Rights were a vital and integral part of the UDRP. No equivalent of Section 4(c) of the UDRP Policy is included – no explicit “rights of registrants” are in.

E. Fails to solve problems, which on their face are so huge from the UDRP, like forum-shopping.

F. Re-conceptualizes and expands on the interpretation of ‘default’. Default means that either of the parties fails to respond in a timely manner. Under the URS 6.1, default also means: If the Response is determined not to be in compliance with the filing requirements, default is also appropriate”.

Consistent with that idea, NCSG raises deep concerns with the URS, as proposed and as revised. It is:

➢ It gives overbroad rights to trademark owners, rights to basic words, names and places for which they have no similar rights in the real world; ➢ It is unfair to registrants; ➢ Assumes registrants are guilty until proven innocent; ➢ Allows trademark owners to make a range of unproven and unsubstantiated allegations without any penalty for error, inaccuracy or overstatement; ➢ It provides no fair right of response, no rights for registrants, no due process -- a confiscation of domain name property without due process or fair proceedings.

NCSG’s Principles:

• Due Process
• Assumption of innocence and good faith
• Right to respond
• Something inexpensive (and fair) for small noncommercial TM holders

[to pursue]

• Clear definition of egregious conduct
• High burden of proof
• Registrant rights

Uniform Rapid Suspension [edit at will]

Procedural framework:

• Complaint (1 page, prescribed form?)
• Notice to Registrant (20 days, by [UDRP] means)
• Response (1 page)
• Evaluators (provider, panelists)
• Standard of review
• Evaluation
  • in case of answer
  • in case of default
  • counterclaim for abuse of prcess
• Decision
• Reopen a default judgment
• Appeal an adverse decision

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