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

Darcy Southwell darcy.southwell at endurance.com
Wed Sep 17 21:49:35 UTC 2014 

Domain.com¹s Domain Privacy Service TOS is available here
<http://www.domain.com/legal/legal_domain.bml#domain-privacy-service> .
Similar to Tucows, we prefer complainants work out any issues directly with
registrants, and we do our best to communicate with both about the issue.

Generally, we direct all abuse complaints to our compliance team and have
processes in place to investigate those complaints.  We reserve the right to
suspend services for almost any reason, as is typical of online terms of
service; however, in practice, we need to be reasonably certain that we
suspend services as the result of legitimate abuse situations and not
because of bogus, unsubstantiated, or unfounded complaints.

If the complaint relates solely to trademark infringement within a domain
name (and not website content), we usually advise the complainant to follow
the UDRP.  

For all other abuse issues, we review each report for potential terms of
service violations.  If we are able to confirm the alleged abusive behavior,
we usually suspend the domain name and/or website as a result, including
suspension of the whois privacy, resulting in the publication of the
underlying whois.  If we are unable to substantiate the alleged abusive
behavior, we usually suggest the complainant contact the registrant directly
through the private whois information or obtain a valid court or
administrative order and submit it to us.   We will also forward the
complaint directly to the customer so he/she can respond directly.

The uniqueness of each complaint means we do not always handle a particular
issue exactly the same; each complaint is evaluated on its own merits.

 
Darcy Southwell
Director, Registrar Compliance | The Endurance International Group
Mobile +1.503.453.7305 | darcy.southwell at endurance.com | Skype:
darcy.enyeart



From:  "Williams, Todd" <Todd.Williams at turner.com>
Date:  Tuesday, September 16, 2014 at 1:52 PM
To:  Graeme Bunton <gbunton at tucows.com>, "gnso-ppsai-pdp-wg at icann.org"
<gnso-ppsai-pdp-wg at icann.org>
Subject:  Re: [Gnso-ppsai-pdp-wg] Domains By Proxy - Trademark/Copyright
Infringement Policy

Thanks to Graham for this and to James for the below.  Both are helpful, and
as mentioned on the call today, I think it¹d also be helpful to hear what
other p/p providers do as well.
 
One note on Graham¹s email that I¹ve 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 ³encourage registrants and
complainants to deal with the issue themselves.²  I think that¹s a laudable
objective. 
 
But doesn¹t that suggest that if a complainant satisfies the elements from
parts II(A), (B), or (C) from James¹s email below, the p/p provider should
at that point disclose the customer/beneficial user¹s information to the
complainant?  Isn¹t 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, I¹m 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, don¹t
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

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?   I¹ve 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 Tuesday¹s 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 I¹ll address next Tuesday.
> 
>  
> 
> Thanks‹
> 
>  
> 
> J.
> 
> 
>  
> 
>  
> 
>  
> https://www.domainsbyproxy.com/policy/ShowDoc.aspx?pageid=trademark_copy_dbp
> <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 PolicyDomains By
> Proxy, LLC (³DBP²) 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 InitiationA.  Domain
> name infringes a trademarkIf you believe that a domain name utilizing DBP¹s
> service infringes your (or your client¹s) 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 holder¹s rights and (ii) is not
> defensible.B.   Website content infringes a trademarkIf you believe that a
> website associated with a domain name utilizing DBP¹s service contains content
> that infringes your (or your client¹s) 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 holder¹s rights and (ii) is not
> defensible.C.  Website content infringes a copyrightIf you believe that a
> website associated with a domain name utilizing DBP¹s services contains
> material that infringes your (or your client¹s) 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 holder¹s rights and (ii) is not defensible.III.  Claim
> ProcessingUpon 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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> Gnso-ppsai-pdp-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
>  
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