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<div class="moz-cite-prefix">Dear All,<br>
Since our important discussions of last week, a group has been
working in the background to try to figure out a set of rules that
would not bring ICANN directly into the Reveal process (the
"Complex Case Advisory Group" concept) and that would not force
Providers to voluntarily share and pool information and advice
(something with potential competition implications). <br>
<br>
What we would propose is the addition of a standard to Section
III, <i>Service Provider Action on Request </i>-- that the PPSAI
Reveal under Category F be limited to "slam dunk" cases of obvious
clear-cut infringement. Our model here is the light-weight URS
procedure for suspending names in the New gTLDs. <br>
<br>
What we mean by "slam dunk" cases is cases of <span
id="OLK_SRC_BODY_SECTION">obvious clear-cut trademark and
copyright infringement presented by the Requestor without clear
or reasonable defenses presented by the Customer or visible to
the Provider. The defenses set out for the URS include: that the
registrant is commonly known by the name of the domain name
(e.g., it is a his/her last names or longterm nickname),
he/she/it is using the domain name and/or mark before the
trademark existed, there is fair use or fair dealing, parody or
tribute sites. Legitimate defenses might also include
comparative advertising -- using a competitor's name in
advertising comparing products or services in countries which
such ads are legal. </span><br>
<br>
We further propose the addition of language to allow the Provider
to take action of its own accord and the wording: "Nothing in this
proposal shall prohibit a provider from determining the use of the
service may violate its terms of service and reveal the underlying
information despite the criteria of this proposal not being met."
<br>
<br>
We have worked hard since our last meeting, and diligently over
the weekend, and hope this moves us towards a reasonable and
compromise.<br>
Best,<br>
Kathy <br>
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