question Ethical dilemma - What should Namecheap do?

[abstractdomainer]

Facebook is suing Namecheap and Whoisguard, its identity protection agency, for allowing people to register names too similar to Facebook, Instagram, and WhatsApp.
Since October 2018, according to Facebook, they have been trying to get Namecheap and Whoisguard to reveal the identities of domain name owners who’ve set up websites including instagrambusinesshelp.com, facebo0k-login.com, and whatsappdownload.site

Source: https://theamericangenius.com/busin...mecheap-for-allegedly-deceptive-domain-names/

This is a typical case where the registrar is stuck whether they should reveal the identity of people who have bought privacy protection since they are infringing on the trademark, or follow the terms and not reveal their identity to Facebook, given that they promised the buyer to not reveal it, should they buy WhoIs Guard.

What do you think NameCheap should do? Will it be ethical on Namecheap's part to reveal the identity?
Can such trademark infringement be stopped at registrar level itself?

Inputs and creative solutions are welcome!

 

[pb]

https://www.namepros.com/threads/fa...-for-selling-deceptive-web-addresses.1179996/

 

[abstractdomainer]

Any inputs on this?
I am sure this tells as to what may be the right option in this case, given some investors who infringe on the trademarks.
We may go on to tag a Namecheap executive later to get an idea as to what the community thinks of the scenario. I am sure, they are caught between helping their customers vs stopping infringement and helping businesses as well.

 

[branding]

If FB really cares, there are multiple options for them to go after trademark infringing registrants.

Nothing NC should do. Just stick to your guns and honour the domain owners privacy.

 

[jberryhill]

Can such trademark infringement be stopped at registrar level itself?

You are asking two different questions.

Revealing the registrant identity does not stop trademark infringement.

 

[bulkdomainz]

If I were name cheap, I would respond in this manner:

1. I am currently unable to divulge the info on the basis of 'alleged' infringement
2. I am bound to keep info confidential under GDPR (at least for EU registrants).
3. Give us 'time' to contact the registrants whether they would give us permission to divulge that info

Get back to them after 'time', with registrant' response.

a) If registrant says divulge, do.
b) If registrant says nope, then nope. Let them go bring a court order saying the info should be divulged.

My 2 cents.

 

[abstractdomainer]

You are asking two different questions.

Revealing the registrant identity does not stop trademark infringement.

I am asking about what NC should do?

If I were name cheap, I would respond in this manner:

1. I am currently unable to divulge the info on the basis of 'alleged' infringement
2. I am bound to keep info confidential under GDPR (at least for EU registrants).
3. Give us 'time' to contact the registrants whether they would give us permission to divulge that info

Get back to them after 'time', with registrant' response.

a) If registrant says divulge, do.
b) If registrant says nope, then nope. Let them go bring a court order saying the info should be divulged.

My 2 cents.

The registrant bought privacy protection because they had such motive of using the domain, which may involve trademark infringement. There is no chance they are going to agree to divulge the info.

 

[Samer]

Same Facebook reg'd 500 Covid-19 Domains?

Next Sue who paid 61K Stagram.com, 3/26/20

Take away 1st 2L of “Instagram" Sold on GD, but Facebook would never sue GD... Cowards.

Samer

 

[bulkdomainz]

..........

The registrant bought privacy protection because they had such motive of using the domain, which may involve trademark infringement. There is no chance they are going to agree to divulge the info.

Many people take advantage of Domain privacy just for privacy, not because of any other motive.

Many well-known corporations use domain privacy. Do they have 'infringement' motives?

Privacy is now available for free at many registrars, so you don't even have to buy it.

There will definitely be registrants who would allow some contact details to be provided. I would provide namecheap with an email address to give to the 'enquirer', if I were one of the affected registrants, so they can contact me directly.