[Gnso-ppsai-pdp-wg] Domains By Proxy - Trademark/Copyright Infringement Policy
Graeme Bunton
gbunton at tucows.com
Thu Sep 18 18:14:07 UTC 2014
No worries, Todd.
That's only Tucows' approach. I very much want to leave the door open
for other services to be able to operate as the middle man as they see
fit.
Perhaps there's a privacy service that will charge $10,000 a year, but
will go to court rather than disclose registrant details.
Graeme
_________________________
Graeme Bunton
Manager, Management Information Systems
Manager, Public Policy
Tucows Inc.
PH: 416 535 0123 ext 1634
------ Original Message ------
From: "Williams, Todd" <Todd.Williams at turner.com>
To: "Graeme Bunton" <gbunton at tucows.com>; "gnso-ppsai-pdp-wg at icann.org"
<gnso-ppsai-pdp-wg at icann.org>
Sent: 9/16/2014 4:53:09 PM
Subject: RE: [Gnso-ppsai-pdp-wg] Domains By Proxy - Trademark/Copyright
Infringement Policy
>Of course I meant Graeme, not Graham – sorry.
>
>
>
>From: Williams, Todd
>Sent: Tuesday, September 16, 2014 4:52 PM
>To: 'Graeme Bunton'; 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 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
>
>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
>>
>>
>>
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