information INTA 's 2021 guide - Registrars & registries included

[Lox]

INTA has released an updated version of its best practices document entitled “Addressing the Sale of Counterfeits on the Internet”,

Among many things, .... Registrars and Registries should:


1. Registrars and registries should adopt, publish, and enforce IPR policies and effect appropriate due diligence to address and minimize misuse of their services. They should clearly communicate and indicate their IPR policies on their websites and include these policies in their contracts and terms of service.

2.Registrars and registries should, furthermore, consistently enforce the terms of service with their customers.

1. Registrars and registries should facilitate and support legal actions and investigations into the sale of counterfeit goods and commit themselves, upon request, to disclose and provide any rights holder reporting a website for IP infringement with the unmasked Registration Data Access Protocol, which includes the details of the owner and/or operator of a website showing or displaying counterfeit goods. Additionally, rights holders reporting infringement should also be provided details for other sites registered to the suspected infringer or hosted on the same IP address as the site reported as infringing (the information should include the identity and contact details of alleged infringer and their user names, in accordance with applicable laws). Registrars and registries are urged to balance their own interest with the interests of consumers.
   
   
2. Registrars and registries should have in place reasonable policies and procedures for strengthening and/or tightening procedures for identifying and taking more effective action against repeat offenders, such as the consistent application of termination services, and should improve disclosure policies to facilitate access by brand owners and law enforcement authorities to information about counterfeiters, including repeat offender identities and sales information (i.e., domain-related transaction information). Registrars and registries should publish these policies and procedures in order to create public awareness.
   
   
3. Registries should consider the addition and implementation of search and enforcement APIs, which allow brand owners to conduct automatic scanning and retrieval of listings, thereby greatly improving the efficiency of monitoring and review efforts. Registries are encouraged to explore new technologies (artificial intelligence, blockchain, machine learning, etc.) to combat counterfeit sales.

PDF Attached (source INTA)

 

[platey]

simply put

brand owners can be lazy and ignore technology

usually most domains that infringe trademarks do so because brand owners cant be bothered to do a simple trademark search of their own trademarked brand in a domain name registrar

for which they can blame no one but themselves

it is not the responsibility of domain name investors to defend the trademarks of lazy trademark owners

that said

all domain names should be trademark checked by domain name registrars prior to a domain name being made available to buy from a registrar but that would take effort from a domain name registrar

all that will happen is that domain name investors will buy all their domains through lawyers and their fees will be added to the cost of the price of a domain name which will put the price of a domain nsme out of the reach of many