[gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH

[George Kirikos]

>
> While we're horse trading, let me bring up an additional thought. Someone
else had brought up the (old) topic of a globally protected marks list.
While that's been controversial, I think what could be done, if it's in
conjunction with the changes I've suggested, is the development of a
"globally abused" marks list, with an algorithm for pattern matching.

This would be for the smallest number of truly abused terms (e.g. "paypal",
and other financial institutions), with evidence of past fraud, large
history of numerous UDRP/URS cases, etc.

For those terms (say 100 or another 'small' number we can form a consensus
around), registrations would not be blocked. Instead, domains that are
triggered by the algorithm would not resolve for a certain period after
registration (say 2 weeks). This allows for investigation by the various
companies of new registrations, to take action before the domains resolve.
It would also act as a deterrent, by reducing the benefits of registering
them in the first place (i.e. register throwaway domain, abuse it
immediately, then throw it away after being confronted). Those domains
could get registration of 1 year + 2 weeks or (slightly longer), by the
way, to ensure the inconvenienced registrant is made "whole".

There'd need to be a 'balancing" to prevent overreaching of which marks
make the list (perhaps with human oversight, with balanced representation
of stakeholders), and creation of false positives, but this would be
another way to change the economics of cybersquatting and enforcement.
Perhaps higher registrant validation (more than just testing that their
email works) for those who can't wait 2 weeks.

Thoughts?

George Kirikos
416-588-0269
http://www.leap.com/
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