[Gnso-epdp-team] FW: IPC Proposal for Day 1 Automation

Mueller, Milton L milton at gatech.edu
Thu Jan 30 18:13:48 UTC 2020

Brian there are many holes in this call for automation.
The most obvious being that the presence of an exact string match of a trademark is not by itself an infringement of a trademark.
There are many cases of free expression use of a string, such as "don't-buy-nike.TLD"
There are accidental string matches or generic uses. There are uses in different industries that are not confusingly similar.
Your mention of the so-called "noteworthy safeguards" is laughably irrelevant, as it basically presumes that the requestor's interest in disclosure is proof of infringement.
While MarkMonitor's business interest in automatic searching, requesting and intimidation of domain name registrants via demand letters is clear, I do not think that our policies need to be built around those business interests. If you believe a domain is infringing, file a UDRP.

Dr. Milton L Mueller
School of Public Policy
Georgia Institute of Technology

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org<mailto:gnso-epdp-team-bounces at icann.org>> On Behalf Of King, Brian via Gnso-epdp-team
Sent: Monday, January 27, 2020 3:52 PM
To: gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>
Subject: [Gnso-epdp-team] IPC Proposal for Day 1 Automation

Hello EPDP Team,

Please find below our first proposal for automated disclosure.

Trademark Infringement in Domain Name

Requestor Safeguards

  1.  Accreditation Authority determines that the trademark is valid.
  2.  Accreditation Authority determines that Requestor is the legal owner, agent, or service provider of the trademark.

Request Safeguards

  1.  Requestor alleges that the domain name infringes Requestor's trademark.
  2.  Requestor states its own legal basis and purpose for processing the data. Requestor makes a syntactically correct and complete request, including any/all required Authorization Assertions. Requestor makes all representations required by policy: use will be limited to stated purpose, data retention, etc.
  3.  Domain string contains exact match of trademark string (potentially including prefix or suffix, e.g. "nike-shoes.TLD" or "cheap-nike.TLD").

Additional Noteworthy Safeguards

  1.  Registrant committed not to infringe the rights of third parties in its registration agreement, as required by the RA and RAA.
  2.  Registrant was informed at the time that its data was collected that it could be processed for third-party purposes, including intellectual property protection.

In these cases, disclosure can be automated.

Brian J. King
Director of Internet Policy and Industry Affairs

T +1 443 761 3726

Protecting companies and consumers in a digital world

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