ICANN Suggests New Suspension System in Trademark Report

CYBERSPACE — A team set up by ICANN to recommend proposals has filed its final report on trademark protection in the implementation of new generic top-level domains. Among its recommendations, a system that immediately takes down URLs has drawn a great deal of criticism.

Called the Uniform Rapid Suspension system, it would operate in addition to ICANN’s existing Uniform Domain-Name Dispute Resolution Policy as a “rapid takedown” system that allows trademark holders to avoid the time delay and costs of the former policy.

According to the report, “The URS is not intended for use in any questionable proceedings, but only clear cases of trademark abuse.”

A domain with a complaint against it would become locked but still functional after a complaint has been filed. The domain owner then has 14 days to respond and state his case. If the domain owner fails to respond or his case is deemed defective, the domain will remain locked and will not resolve for the duration of the registration period.

If a satisfactory response is sent within 14 days, it goes to an examiner that will consider the case.

According to the recommendation panel, examiners will look at cases through an increased “evidentiary threshold level” and greater burden of proof on the complainant.

Currently, when a UDRP is filed, although locked by the registry, the domain remains in the control of the domain holder until the decision is handed down in federal court.

The proposed system also will be more affordable for trademark holders at $200 per claim where each claim can contain up to 100 domains, compared to the $4,000-plus cost of a UDRP that includes filing and attorneys fees.

With ICANN’s comment period open until June 29, the public has expressed its dissatisfaction with the proposal, including concerns that the ease of takedowns would lead to an increase of complaints.

The Trademark Protection Open Forum contains about 72 posts of which the majority condemn the URS.

“This opens the door for enterprises to make dubious claims at low cost and low risk against parties that will, in many cases, be at a significant financial and legal resource disadvantage to defend their legitimate holdings,” wrote a respondent named David Eliason.

The report also suggests an IP clearinghouse and a universal trademark list.

Rights holders that submit an IP would be alerted when a new registration is using their marks. The Globally Protected Marks List would allow holders of worldwide marks to be added to a “white list.” The requirements to be included consist of ownership of the trademark issued in at least 90 countries across multiple regions with 200 registrations, issued before November 2008, among other requirements.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geo-block Pornhub across Florida on January 1, when H.B. 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

Jacquie et Michel Acquired by 'International Fund'

French adult studio Jacquie et Michel has been acquired by an international fund, marking a significant development for the well-known brand.

YouPay Joins Pineapple Support as Sponsor, Introduces 'Permanent Donation' Feature

Australian gifting platform YouPay has joined the ranks of Pineapple Support’s partner-level sponsors.

Byborg Seals Investment and Licensing Partnership With PLBY Group

Luxembourg-based Byborg Enterprises SA has finalized an investment and licensing partnership with Playboy parent company PLBY Group.

UK Regulator Ofcom Publishes 1st Edition of Online Safety Codes

U.K. communications regulator Ofcom published on Monday the first edition of its online safety codes of practice and guidance for adult websites.

Industry Veteran Jon Berg Passes Away at 54

Jon Berg, a beloved member of the online adult industry, passed away on Monday following an eight-year battle with multiple myeloma. He was 54 and had recently entered hospice care after undergoing BiTE therapy.

Free Speech Coalition Sues Florida to Block AV Law

Free Speech Coalition (FSC) announced Monday that it has filed a legal challenge in Florida to block HB3, the state's age verification law.

Show More