Internet Commerce Association among commenters on State of UDRP Policy Report.
The Generic Names Supporting Organization (GNSO) is currently conducting a review of all rights protection mechanisms in the gTLD space. The first phase examined the rights protection mechanisms created for new TLDs. The second phase, which focuses exclusively on the UDRP, has just started.
ICANN recently released data on the UDRP and solicited public comment.
The ability to change the UDRP is definitely something domainers should be concerned about. Whether you like it as is or think it should be changed, you can rest assured that interests that want to make it easier to take down your domains will try to take advantage of the opportunity.
As I posted recently, the UDRP change is one of the reasons domain investors might want to get involved with ICANN. Or at least support organizations representing domain owners; Elliot Silver noted last week that these kinds of public comment opportunities are the reason he joined the Internet Commerce Association (ICA).
The ICA submitted comments, as did individual domainers (myself included). In its long and comprehensive response, the CIA highlighted the key factors to review and reassess during Phase 2:
- The review can’t go on forever – it’s important to target the issues that are important to trademark owners and registrants, and work on them effectively. (ICA has been working on UDRP for a long time.)
- The UDRP cannot be both a shield and a sword for trademark holders – the growing trend of reverse domain name hijacking decisions demonstrates that the current system is being misused by “greedy” brands.
- The UDRP is old, in Internet terms, and a lot has changed since its inception. Updating the context in which the UDRP operates is essential for predictability and consistency of interpretation.
- The ICA offers guidelines and goals for creating an efficient, streamlined, and collaborative review process that can benefit both brand owners and domain investors. One of its guidelines is that recommendations should come from a consensus of experts on “both sides” of the fence – although the ICA also believes that UDRP reform is not a sum game. nothing.
It’s definitely something to watch out for.