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| NamePros Regular Join Date: Jan 2004 Location: Ca
Posts: 210
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| Quote: |
| If this new ICANN proposal called “Rapid Suspension System” goes through, I can cheaply file a complaint to get your affiliate landing pages taken down immediately. Shoot first and ask questions later! Think about that… I file for next to nothing, claim your Acai-berri site is confusingly similar to my Acai-beari site, and your landing page goes “bye bye” while your PPC campaigns click away into the red. Don’t even think about arguing… it goes off line FIRST (I’ll make sure it’s on a Friday at 4:45pm heh heh). Send an email to ICANN right NOW saying “no way to rapid dispute system”(mailto it could save your future.????: NamePros.com http://www.namepros.com/industry-news/588280-effects-everyone-new-icann-proposal-called.html When opportunity knocks you have to answer. This time, it’s a “negative knock”. That means if you don’t answer, you don’t just miss an opportunity but lose out later, when the consequences of your inaction hit you smack in the face. Luckily, this one is easy. It’s a simple email. If you’re smart, you’ll send one right now. What’s the opportunity? How about an opportunity not to have to battle Joe-abusive when he has your domain taken offline? There’s a proposal on the table that would make it dirt cheap and simple for just about anyone to file a claim that YOUR domain name infringes on their trademark, and to have your website immediately taken down. The existing dispute process for internet web sites (domains) costs about $1600 bucks. A trademark holder has to make a case for why your web site is infringing on their trademark, before they can get anything changed. And of course you have a right to answer the complaint. This process keeps things “civil”…. it takes effort and some money to acuse you, and you can respond reasonably (or tell them to take a walk) with no cost. Only after a claim has been made, debated, and judged, does your website come down. We also have the DMCA, which can be used for more immediate concerns (but which also has a penalty for mis-use). But now a lobby group for big corporations has pushed to change the system so they can get your site taken down for a few dollars, based on their claim that it infringes. What do you think? Do you agree with me that this would mean constant headaches for you? Bad idea. So tell them so. Just send an email to irt-final-report@icann.org and say “No way! Bad idea!” and tell them you do NOT support this “Uniform Rapid Suspension System”. I have a website I’ve used for email and a home page for about 8 years, which is a clever twist on a word. I have received inquiries from companies over the years, because they, too use that same clever twist on the word. They have asked about buying it from me, asked whether I would link to them, or if I would help promote their products (for free). They have never filed a dispute claim because I would probably win and they don’t want to waste $1600. Even though I never trademarked it, I had it first, and it is not (despite their wishes) truly infringing on their trademarks. Under this new proposal, they could take my site offline immediately at almost no cost to themselves. Is that fair? Think about the leverage they would gain if that was a revenue producing site. For each day it was off line, it would be costing ME money, putting pressure on ME to negotiate out of the mess that I had nothing to do with in the first place. When I think like a dirty bastard, I imaging all sorts of cute ways this could be used as an anti competitive tactic in the affiliate world! Just think of all of the affiliate sites that could be immediately taken off line because some company claims the websites are “confusingly similar” or files some other grey area complaint, knowing they don’t need to actually make a case, just file a complaint. THINK OF THE LOST PPC REVENUES when your landing page goes offline but you don’t know it! This is pretty important -send an email TODAY and let ICANN know you won’t tolerate big business telling us how the Internet will be managed. Do it now, because in a few weeks, it might be too late, and you’ll probably regret it as your web sites get taken down. Perhaps most important, pass the word. Let everyone in online marketing know about this a.s.a.p. because this is under consideration NOW and the comment period closes in JUNE! * ICANN page (it’s buried in the details of that) * Mike Berken’s write up (he lays it out for domain investors) ????: NamePros.com http://www.namepros.com/showthread.php?t=588280 * email address to send a NO WAY email : irt-final-report@icann.org |
| | #4 (permalink) |
| NamePros Regular Join Date: Jun 2008
Posts: 372
![]() ![]() ![]() ![]() ![]() ![]() | URS - Uniform Rapid Suspension System This appears to open the door wide for reverse hijacking, dirty tricks in ppc campaigns, conflicting trademarks on an international level, and bad faith claims. This also appears to put the burden of proof on the accused rather than the accuser. Not Good |
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| | #5 (permalink) |
| Senior Member Join Date: Aug 2004 Location: NA
Posts: 3,606
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | EVERYBODY.. DO YOUR PART AND SEND AN EMAIL TO SAY NO TO THE URS. DO IT BEFORE JULY 6! All you have to do is send an email to irt-final-report@icann.org (remember to confirm when you get an email back from them). If everybody takes 5 mins to do this, we can prevent it from happening! You can see what others have already posted to ICANN here http://forum.icann.org/lists/irt-final-report/
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Last edited by Premium; 07-04-2009 at 10:25 AM.
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| | #7 (permalink) |
| Senior Member Join Date: Aug 2004 Location: NA
Posts: 3,606
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Good to hear! Hopefully everyone takes the time to do this.
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| | #8 (permalink) |
| Senior Member Join Date: Sep 2006 Location: Planet Earth
Posts: 1,115
![]() ![]() ![]() ![]() ![]() | companyone ... let's take an example If site.com gets a trademark, can they subsequently pick up all the domains with the keyword site in in ? thanks
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| | #9 (permalink) | ||||
| Senior Member Join Date: Jul 2007 Location: Watching the hypocrisy float by
Posts: 2,686
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Cover your generics or your ass...it won't makes a difference. If they want em', they'll get em' with this lovely little piece of shit....I mean legislation. Everything is fair game if this comes in. Game over for a lot of people. | ||||
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| NamePros Expert Join Date: Aug 2004 Location: Las Vegas
Posts: 6,277
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Ridiculous OP.
The URS can effectively shut down cybersquatters. I like it.
That blog post is full of misinformation. Such as the URS would have a site frozen before registrant is notified. That's just not true at all..here is what ICANN says:
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Last edited by labrocca; 07-06-2009 at 12:10 AM.
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| | #11 (permalink) | ||||||||
| Senior Member Join Date: Jul 2007 Location: Watching the hypocrisy float by
Posts: 2,686
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????: NamePros.com http://www.namepros.com/showthread.php?t=588280 lol...what drugs are you on? All legal rights instantly stripped. They want to apply it to .com/.net/.org as well.
You crack me up. ![]() Why bother buying a domain from a domainer, even if it is generic when you can file a complaint for $1.50 with no chance of appeal from the poor sucker you reverse hijacked it from. | ||||||||
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| | #12 (permalink) | ||||
| NamePros Expert Join Date: Aug 2004 Location: Las Vegas
Posts: 6,277
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | The URS doesn't allow transfer.
This will get passed and not because it's unfair. It will get passed because it's the right thing to do to cleanup the registry and remove all these squatters. Something like this has been due for a while. It was just a matter of time.
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| | #13 (permalink) |
| New Member Join Date: Jun 2009
Posts: 2
![]() | I oppose the Rapid Suspension System and I've e-mailed ICANN. My opinion is that ICANN should NOT be policing domains unless said 'squatter' is representing themselves as the trademark holder in their country. Perhaps we don't 'own' domains as labrocca pointed out, then neither does Reebok or Nike! Corporations should have the foresight to register their dot coms before going live and be willing to purchase the domains they have an objection to. |
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| | #14 (permalink) | ||||
| NamePros Expert Join Date: Aug 2004 Location: Las Vegas
Posts: 6,277
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| | #15 (permalink) |
| New Member Join Date: Jun 2009
Posts: 2
![]() | My point, Labrocca, is that if a US company goes after a domainer in, say, India who has 'squatted' on 'their' trademark, it is absolutely wrong. First, they are in a totally different jurisdiction, and the standard of living may be totally different where they cannot pay the big bucks and American Corp could pay to clear up such a dispute. This is the world wide web and all domains should be available to all. I am, also, not in favor of names being add to a Globally Protected Marks list unless they are registered in EVERY country. Why should they be added, otherwise? The web needs protection. It is one of the last frontiers we have that is not downtrodden with governmental controls. If anyone has noticed, our fundamental rights, worldwide, are speedily slipping out of our grasp. I support protecting domainers over controlling them. |
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| | #16 (permalink) |
| Senior Member Join Date: Aug 2004 Location: NA
Posts: 3,606
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | labrocca, I can't believe that you are supporting the only thing that could RUIN the domain industry. It seems you may know VERY LITTLE of what the URS and ICANN is trying to do. Don't you see this is what ICANN wants you to do? They put in the text that they are going to "solve the most clear-cut cases of trademark abuses, while balancing against the potential for an abuse of the process. "... THEY WANT YOU TO THINK THAT SO YOU DONT OBJECT. WHAT THIS REALLY MEANS is...."WE ARE GOING TO STRIP YOUR RIGHTS AND DOMAIN NAMES CAN NOW BE TAKEN AWAY FROM YOU FASTER AND EASIER SO THAT THE CORPORATE GIANTS WIN AND THE SMALL BUSINESS / INDIVIDUAL LOSE! IT IS SIMPLY A BLACKMAIL TOOL AND WE SHOULD ALL BE SENDING IN OUR EMAILS TO REJECT THIS CRAZY IDEA. I CANT BELIEVE IT IS EVEN BEING CONSIDERED. ????: NamePros.com http://www.namepros.com/showthread.php?t=588280 I hope you reconsider what you just said..
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| | #17 (permalink) |
| Extension Agnostic Join Date: Jan 2007 Location: Mumbai, India
Posts: 7,933
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | labrocca, what you're missing is the potential for abuse of lawful registrants. If i can get a tm in my country for a particular term, and the domain is worth $2500 or more, why wouldn't i try to get it via URS? Specially when i can club 200 other names and only pay $250? The basic precept is good, but like with all things icann, the potential for abuse by rogue tm owners is too immense. You can literally kiss high value sales goodbye if you can't afford to appoint a legal team on a permanent basis. |
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| NamePros Expert Join Date: Aug 2004 Location: Las Vegas
Posts: 6,277
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????: NamePros.com http://www.namepros.com/showthread.php?t=588280
I know domainers are scared of this passing through. It's not unreasonable fear especially if you hold questionable names. But I don't see the need for alarm. It's evident the industry needs more oversight and TM holders need more protection. Realistically this might have the opposite effect on the industry and actually help it grow. There are serious problems with new TLD's are released and TM holders have to spend millions defending their brands. Do you think TM holders are going to allow more TLDs at this rate? ????: NamePros.com http://www.namepros.com/showthread.php?t=588280 I think ICANN wants to set this up to stop obvious abuse in a quick and efficient manner. How is that the wrong thing to accomplish? I contend I myself might lose domains in URS. I am not innocent. However I do respect the fact that TM holders do have rights and if they want more protection I am understanding of that.
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| | #19 (permalink) |
| NamePros Expert Join Date: Sep 2004 Location: Canada
Posts: 8,996
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | I wonder how many companies will try the URS on their competition -- sure seems like an awfully cheap way to potentially destroy them. Another reason why domainers should start developing their domains -- get something on there so it looks like you have a legitimate reason (beyond domaining) for owning the domain. |
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| | #20 (permalink) |
| Senior Member Join Date: Jan 2006 Location: Wyomissing, PA, USA
Posts: 1,224
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | The penalty for abusing URS is laughable... On a related note, I presume the 1 year penalty would be applicable to the specifically named complainant only? If so, that would still allow a related party, such as another corporate division, a TM licensee, etc to file a URS on the same domain(s) again in the meantime. And after 1 year, repeat the cycle - easy way to keep their competitors websites down in perpetual URS. Many registrants won't know how to properly respond and/or lack the resources to challenge a URS complaint. Bottom line is that URS is going to make censorship of internet sites a cinch. Ron
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| | #21 (permalink) | ||||||||||||
| NamePros Expert Join Date: Aug 2004 Location: Las Vegas
Posts: 6,277
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????: NamePros.com http://www.namepros.com/showthread.php?t=588280
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| | #22 (permalink) | ||||||||||||
| Senior Member Join Date: Jan 2006 Location: Wyomissing, PA, USA
Posts: 1,224
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If you are so sure the answer is "no", please cut and paste the URS policy text that specifically explains who exactly is sanctioned. The complainant only? Related divisions / companies too? And TM Licensees too? Again, from my understanding, the 1 year penalty wouldn't preclude other related parties from filing URSes on the same domain(s) within the that same period. See the problem! ![]()
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????: NamePros.com http://www.namepros.com/showthread.php?t=588280 There's no doubt many companies will use URS to shut out their competitors; interrupt their business. And those critical of various websites will add URS to their weapon arsonal to supress the message of others they don't agree with. Don't think that's far-fetched either, because it's already happening with DMCA complaints. And I've experienced such abuse first-hand with some cannabis related websites I run / help out with. Ron
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| affiliates, domain news, icann, rapid suspension system |
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