[gnso-rpm-wg] Inadvertent Error on PDDRP Survey

Tue Aug 23 15:11:53 UTC 2016

Is “infringement” defined anywhere?  Would it include dilution and other acts of using brands to obtain payments for second levels that otherwise would have very little value but for their identicalness or confusing similarity to brands?  

Best,

Paul

Paul D. McGrady, Jr.

policy at paulmcgrady.com

From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Phil Corwin
Sent: Tuesday, August 23, 2016 9:40 AM
To: Mary Wong <mary.wong at icann.org>; Jeff Neuman <jeff.neuman at comlaude.com>
Cc: gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] Inadvertent Error on PDDRP Survey

Thank you Mary.

Clearly, profiting from the sale of second level domains is not and should not be a cause of action for any RPMs, Our concern is intentional TM infringement.

Philip S. Corwin, Founding Principal

Virtualaw LLC

1155 F Street, NW

Suite 1050

Washington, DC 20004

202-559-8597/Direct

202-559-8750/Fax

202-255-6172/Cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: gnso-rpm-wg-bounces at icann.org <mailto:gnso-rpm-wg-bounces at icann.org>  [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Mary Wong
Sent: Monday, August 22, 2016 9:44 PM
To: Jeff Neuman
Cc: gnso-rpm-wg at icann.org <mailto:gnso-rpm-wg at icann.org> 
Subject: Re: [gnso-rpm-wg] Inadvertent Error on PDDRP Survey

Thank you, Jeff - our apologies to all for the inadvertent omission. We will fix it as soon as we can and resend the link to all community group chairs with a short explanatory note.

Cheers

Mary 

Sent from my iPhone

On Aug 23, 2016, at 09:36, Jeff Neuman <jeff.neuman at comlaude.com <mailto:jeff.neuman at comlaude.com> > wrote:

All,

A Registry just pointed out to me that we have an error in question 7 of the PDDRP Survey that just went out which we can easily fix, but definitely need to fix.   

Question 7 currently states:  “7. Has there been any conduct by new gTLD registry operators that you believe constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of domain names at the second level?”

However, the PDDRP only applies where it constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of trademark infringing domain names at the second level. [The Underlined portion was left out].

The portion that was left out is KEY to the cause of action.  As he jokingly put it, some believe that the sale of all second level domains constitute a bad faith intent to profit :)  However, at this point the PDDRP does not apply in any situations other than selling trademark infringing domain names. 

Can we please fix and reissue the survey?

Thanks.

Jeffrey J. Neuman

Senior Vice President |Valideus USA | Com Laude USA

1751 Pinnacle Drive, Suite 600

Mclean, VA 22102, United States

E:  <mailto:jeff.neuman at valideus.com> jeff.neuman at valideus.com or  <mailto:jeff.neuman at comlaude.com> jeff.neuman at comlaude.com 

T: +1.703.635.7514

M: +1.202.549.5079

@Jintlaw

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