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

Tue Sep 16 20:52:09 UTC 2014

Thanks to Graham for this and to James for the below.  Both are helpful, and as mentioned on the call today, I think it’d also be helpful to hear what other p/p providers do as well.

One note on Graham’s email that I’ve been thinking about.  I tend to agree with Graham that part of what we should strive to do with whatever accreditation standards we develop should be to “encourage registrants and complainants to deal with the issue themselves.”  I think that’s a laudable objective.

But doesn’t that suggest that if a complainant satisfies the elements from parts II(A), (B), or (C) from James’s email below, the p/p provider should at that point disclose the customer/beneficial user’s information to the complainant?  Isn’t that the more logical way to encourage the two sides to deal with the issue themselves, without further involvement from the p/p provider?  Absent such disclosure, I’m not sure how the complainant is supposed to deal with the customer/beneficial user, other than to continue to go through the p/p provider (since the complainant, by definition, don’t know anything about the customer/beneficial user at that point).  In other words, if the idea is to get the p/p provider out of the role of being a middleman/mediator/arbiter, then disclosure of at least some contact information whenever a complainant provides the information outlined in II(A), (B), or (C) would seem to make the most sense (recognizing of course that II(A), (B), or (C) may not be the only times when disclosure is appropriate).

Thanks.

Todd.

From: gnso-ppsai-pdp-wg-bounces at icann.org [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Graeme Bunton
Sent: Monday, September 15, 2014 2:35 PM
To: gnso-ppsai-pdp-wg at icann.org
Subject: Re: [Gnso-ppsai-pdp-wg] Domains By Proxy - Trademark/Copyright Infringement Policy

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<mailto:Alex_Deacon at mpaa.org>
To: jbladel at godaddy.com<mailto:jbladel at godaddy.com>
Cc: gnso-ppsai-pdp-wg at icann.org<mailto: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<mailto: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<http://domainsbyproxy.com/popup/LegalClaimForm.aspx?type=Trademark>, 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<http://domainsbyproxy.com/popup/LegalClaimForm.aspx?type=Trademark>, 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<http://domainsbyproxy.com/popup/LegalClaimForm.aspx?type=Trademark>.  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

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