[Comments-dpml-modification-15aug18] Public Interest Letter Opposing Modification of Domains Protected Marks List Service

[Kathy Kleiman]

Dear Mr. Atallah and ICANN Staff,

On behalf of the undersigned professors and practitioners below, I 
submit the attached letter in opposition to the modification by Donuts 
of its DPML service. This seemingly mild RSEP technical request to 
change the Donuts’ registry agreement (across its 300+ top-level domain 
names) is actually a shocking request. It would give trademark owners 
vastly more control over the use of words and phrases than trademark law 
provides or permits, and in so doing, trample the free expression rights 
of consumers, civil society, and even other trademark owners.

Our attached letter outlines these legal and language concerns in 
greater detail.

We strongly urge your rejection of this Donuts proposal.

Sincerely, the undersigned:

A. Michael Froomkin, Laurie Silvers & Mitchell Rubenstein Distinguished 
Professor of Law, University of Miami*
Martin Silva Valent, Esq., Partner @ Silva.legal, Founder @ Datas 
[www.dat.as], Professor at Universidad de Palermo, GNSO Councilor at ICANN*
Erik Pelton, Esq., Erik M. Pelton & Associates, PLLC
Kathryn A. Kleiman, Esq., Center for Information Technology Policy, 
Princeton University*
Leah Chan Grinvald, Associate Dean for Academic Affairs and Professor of 
Law, Suffolk University School of Law*

* Affiliations provided for identification purposes only

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