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

[Valeriya Sherman]

PPSAI Team,

Please note also the following excerpt from the privacy policy of Domains By Proxy, to supplement their Trademark and/or Copyright Infringement policy, which James already shared with us. It is publicly available on Domains By Proxy's site, and we thought it would be useful to pass it on to the Working Group to consider, along with the other policies being shared by other Providers:

"Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN's rules, regulations and policies.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process." Accessible at https://www.domainsbyproxy.com/policy/ShowDoc.aspx?pageid=privacy<https://mail.peakhostedsolutions.com/owa/UrlBlockedError.aspx>.

Val

Valeriya Sherman
Silverberg, Goldman & Bikoff, L.L.P.
1101 30th Street, N.W.
Suite 120
Washington, D.C. 20007
Tel 202.944.3300
Cell 303.589.7477
vsherman at sgbdc.com<mailto:vsherman at law.gwu.edu>


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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