Brian there are many holes in this call for automation.
The most obvious being that the presence of an exact string match of a trademark is not by itself an infringement of a trademark.
There are many cases of free expression use of a string, such as “don’t-buy-nike.TLD”
There are accidental string matches or generic uses. There are uses in different industries that are not confusingly similar.
Your mention of the so-called “noteworthy safeguards” is laughably irrelevant, as it basically presumes that the requestor’s interest in disclosure is proof of infringement.
While MarkMonitor’s business interest in automatic searching, requesting and intimidation of domain name registrants via demand letters is clear, I do not think that our policies need to be built around those
business interests. If you believe a domain is infringing, file a UDRP.
Dr. Milton L Mueller
School of Public Policy
Georgia Institute of Technology
From: Gnso-epdp-team <gnso-epdp-team-bounces@icann.org>
On Behalf Of King, Brian via Gnso-epdp-team
Sent: Monday, January 27, 2020 3:52 PM
To: gnso-epdp-team@icann.org
Subject: [Gnso-epdp-team] IPC Proposal for Day 1 Automation
Hello EPDP Team,
Please find below our first proposal for automated disclosure.
Trademark Infringement in Domain Name
Requestor Safeguards
Request Safeguards
Additional Noteworthy Safeguards
In these cases, disclosure can be automated.
Brian J. King
Director of Internet Policy and Industry Affairs
T +1 443 761 3726
markmonitor.com
MarkMonitor
Protecting companies and consumers in a digital world