[Gnso-ppsai-pdp-wg] Domains By Proxy - Trademark/Copyright Infringement Policy

[Graeme Bunton]

Our contact privacy service does not contain a specific 
trademark/infringement policies like GoDaddy's.  We direct all issues to 
our abuse email where our compliance team takes a look.
While we retain the right under our ToS to disable privacy/suspended 
registration for illegal or harmful activities, in general we do the 
following:

  - If the issue is with content on a website, we generally will provide 
an explanation of who we are as a registrar, recommend that they contact 
the registrant directly (via our contact privacy site), or that they 
contact the host, and provide information on how to do that.  Usually we 
will also forward the complaint to the registrant and encourage them to 
address the issue.
  - If the issue is with the domain name itself, we will usually respond 
with information on the UDRP process.  We will also forward the 
complaint to the registrant and encourage them to respond.

"Usually" shows up in the above because we deal with each complaint on a 
case by case basis, and there are occasionally unique ones.  That might 
be something like an anonymous complaint, or perhaps the domain very 
clearly violates our ToS.

To summarize, our approach tends to be that we encourage registrants and 
complainants to deal with the issue themselves, while informing 
complainants and registrants of their responsibilities and avenues for 
recourse.

Graeme
_________________________
Graeme Bunton
Manager, Management Information Systems
Manager, Public Policy
Tucows Inc.
PH: 416 535 0123 ext 1634



------ Original Message ------
From: Alex_Deacon at mpaa.org
To: jbladel at godaddy.com
Cc: gnso-ppsai-pdp-wg at icann.org
Sent: 9/15/2014 11:49:20 AM
Subject: Re: [Gnso-ppsai-pdp-wg] Domains By Proxy - Trademark/Copyright 
Infringement Policy

>Thanks James.  This is very helpful.
>
>Would other service providers be willing to provide links/snippets to 
>their policies?   I’ve started to poke around other sites but it would 
>be helpful (and appreciated) to make sure we are looking at the right 
>policies.
>
>Regards,
>Alex
>
>
>
>On Sep 11, 2014, at 10:17 AM, James M. Bladel <jbladel at godaddy.com> 
>wrote:
>
>>PPSAI Team:
>>
>>As discussed on Tuesday’s call, please find below the TM/copyright 
>>policy for our affiliated P/P service, Domains By Proxy. Some on this 
>>WG are likely familiar with our claims processing procedures, and can 
>>weigh on their experiences.
>>
>>Let me know if you have any questions, and I’ll address next Tuesday.
>>
>>Thanks—
>>
>>J.
>>--------------------------------------------------------------------------------
>>
>>
>>
>>https://www.domainsbyproxy.com/policy/ShowDoc.aspx?pageid=trademark_copy_dbp
>>
>>
>>
>>DOMAINS BY PROXY
>>TRADEMARK AND/OR COPYRIGHT INFRINGEMENT POLICY
>>I.  Overview of Trademark and/or Copyright Infringement Policy
>>
>>Domains By Proxy, LLC (“DBP”) supports the protection of intellectual 
>>property rights.  Whether you are the holder of a trademark, service 
>>mark or copyright, DBP is committed to helping you protect your legal 
>>rights.  Therefore, we have established the following policies for 
>>considering trademark and/or copyright infringement claims.
>>
>>II. Trademark and Copyright Claim Initiation
>>
>>A.  Domain name infringes a trademark
>>
>>If you believe that a domain name utilizing DBP’s service infringes 
>>your (or your client’s) trademark or service mark rights, please 
>>complete our Claim Form, which requires you to provide:
>>
>>First and last name, email address, and telephone number of the 
>>trademark owner The name of the trademark and the federal trademark 
>>registration number The country where the trademark is registered A 
>>good faith statement, under penalty of perjury, from either the 
>>trademark holder or an authorized representative of the trademark 
>>holder stating that the use of the trademark by the alleged infringer 
>>(i) infringes the trademark holder’s rights and (ii) is not 
>>defensible.
>>B.   Website content infringes a trademark
>>
>>If you believe that a website associated with a domain name utilizing 
>>DBP’s service contains content that infringes your (or your client’s) 
>>trademark or service mark rights, please complete our Claim Form, 
>>which requires you to provide:
>>
>>First and last name, email address, and telephone number of the 
>>trademark owner The name of the trademark and the federal trademark 
>>registration number The country where the trademark is registered The 
>>exact URL where the allegedly infringing content is located A good 
>>faith statement, under penalty of perjury, from either the trademark 
>>holder or an authorized representative of the trademark holder, 
>>stating that the use of the trademark by the alleged infringer (i) 
>>infringes the trademark holder’s rights and (ii) is not defensible.
>>C.  Website content infringes a copyright
>>
>>If you believe that a website associated with a domain name utilizing 
>>DBP’s services contains material that infringes your (or your 
>>client’s) bona fide copyright, please complete our Claim Form.  That 
>>form requires you to provide:
>>
>>First and last name, email address, and telephone number of the 
>>copyright owner The federal copyright registration number, if 
>>applicable The country where the copyright is registered The exact URL 
>>where the copyrighted content is located (if applicable) The exact URL 
>>where the infringing copyrighted content is located A good faith 
>>statement, under penalty of perjury, from either the copyright holder 
>>or an authorized representative of the copyright holder, stating that 
>>the use of the copyright content by the alleged infringer (i) 
>>infringes the copyright holder’s rights and (ii) is not defensible.
>>III.  Claim Processing
>>
>>Upon receipt of a complete Claim Form as set forth in Section II A – C 
>>above, as well as any additional supporting information which DBP may, 
>>in its discretion, request from the complaining party, DBP will 
>>initiate a claim investigation
>>
>>
>>_______________________________________________
>>Gnso-ppsai-pdp-wg mailing list
>>Gnso-ppsai-pdp-wg at icann.org
>>https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-ppsai-pdp-wg/attachments/20140915/93fa89e7/attachment.html>