Inadvertent Error on PDDRP Survey
All, A Registry just pointed out to me that we have an error in question 7 of the PDDRP Survey that just went out which we can easily fix, but definitely need to fix. Question 7 currently states: "7. Has there been any conduct by new gTLD registry operators that you believe constitutes a "substantial pattern or practice of specific bad faith intent to profit" from the sale of domain names at the second level?" However, the PDDRP only applies where it constitutes a "substantial pattern or practice of specific bad faith intent to profit" from the sale of trademark infringing domain names at the second level. [The Underlined portion was left out]. The portion that was left out is KEY to the cause of action. As he jokingly put it, some believe that the sale of all second level domains constitute a bad faith intent to profit :) However, at this point the PDDRP does not apply in any situations other than selling trademark infringing domain names. Can we please fix and reissue the survey? Thanks. Jeffrey J. Neuman Senior Vice President |Valideus USA | Com Laude USA 1751 Pinnacle Drive, Suite 600 Mclean, VA 22102, United States E: jeff.neuman@valideus.com<mailto:jeff.neuman@valideus.com> or jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com> T: +1.703.635.7514 M: +1.202.549.5079 @Jintlaw
Yes, please! Thanks, Justine Chew ----- On 23 August 2016 at 09:25, Jeff Neuman <jeff.neuman@comlaude.com> wrote:
All,
A Registry just pointed out to me that we have an error in question 7 of the PDDRP Survey that just went out which we can easily fix, but definitely need to fix. Question 7 currently states: “7. Has there been any conduct by new gTLD registry operators that you believe constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of domain names at the second level?”
However, the PDDRP only applies where it constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of *trademark infringing *domain names at the second level. [The Underlined portion was left out].
The portion that was left out is KEY to the cause of action. As he jokingly put it, some believe that the sale of all second level domains constitute a bad faith intent to profit J However, at this point the PDDRP does not apply in any situations other than selling trademark infringing domain names.
Can we please fix and reissue the survey?
Thanks.
*Jeffrey J. Neuman*
*Senior Vice President *|*Valideus USA* | *Com Laude USA*
1751 Pinnacle Drive, Suite 600
Mclean, VA 22102, United States
E: *jeff.neuman@valideus.com <jeff.neuman@valideus.com>* or *jeff.neuman@comlaude.com <jeff.neuman@comlaude.com>*
T: +1.703.635.7514
M: +1.202.549.5079
@Jintlaw
_______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
Thank you, Jeff - our apologies to all for the inadvertent omission. We will fix it as soon as we can and resend the link to all community group chairs with a short explanatory note. Cheers Mary Sent from my iPhone On Aug 23, 2016, at 09:36, Jeff Neuman <jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com>> wrote: All, A Registry just pointed out to me that we have an error in question 7 of the PDDRP Survey that just went out which we can easily fix, but definitely need to fix. Question 7 currently states: “7. Has there been any conduct by new gTLD registry operators that you believe constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of domain names at the second level?” However, the PDDRP only applies where it constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of trademark infringing domain names at the second level. [The Underlined portion was left out]. The portion that was left out is KEY to the cause of action. As he jokingly put it, some believe that the sale of all second level domains constitute a bad faith intent to profit ☺ However, at this point the PDDRP does not apply in any situations other than selling trademark infringing domain names. Can we please fix and reissue the survey? Thanks. Jeffrey J. Neuman Senior Vice President |Valideus USA | Com Laude USA 1751 Pinnacle Drive, Suite 600 Mclean, VA 22102, United States E: jeff.neuman@valideus.com<mailto:jeff.neuman@valideus.com> or jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com> T: +1.703.635.7514 M: +1.202.549.5079 @Jintlaw _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
Thank you Mary. Clearly, profiting from the sale of second level domains is not and should not be a cause of action for any RPMs, Our concern is intentional TM infringement. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Mary Wong Sent: Monday, August 22, 2016 9:44 PM To: Jeff Neuman Cc: gnso-rpm-wg@icann.org Subject: Re: [gnso-rpm-wg] Inadvertent Error on PDDRP Survey Thank you, Jeff - our apologies to all for the inadvertent omission. We will fix it as soon as we can and resend the link to all community group chairs with a short explanatory note. Cheers Mary Sent from my iPhone On Aug 23, 2016, at 09:36, Jeff Neuman <jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com>> wrote: All, A Registry just pointed out to me that we have an error in question 7 of the PDDRP Survey that just went out which we can easily fix, but definitely need to fix. Question 7 currently states: “7. Has there been any conduct by new gTLD registry operators that you believe constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of domain names at the second level?” However, the PDDRP only applies where it constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of trademark infringing domain names at the second level. [The Underlined portion was left out]. The portion that was left out is KEY to the cause of action. As he jokingly put it, some believe that the sale of all second level domains constitute a bad faith intent to profit ☺ However, at this point the PDDRP does not apply in any situations other than selling trademark infringing domain names. Can we please fix and reissue the survey? Thanks. Jeffrey J. Neuman Senior Vice President |Valideus USA | Com Laude USA 1751 Pinnacle Drive, Suite 600 Mclean, VA 22102, United States E: jeff.neuman@valideus.com<mailto:jeff.neuman@valideus.com> or jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com> T: +1.703.635.7514 M: +1.202.549.5079 @Jintlaw _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7752 / Virus Database: 4633/12811 - Release Date: 08/15/16 Internal Virus Database is out of date.
Is “infringement” defined anywhere? Would it include dilution and other acts of using brands to obtain payments for second levels that otherwise would have very little value but for their identicalness or confusing similarity to brands? Best, Paul Paul D. McGrady, Jr. policy@paulmcgrady.com From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Phil Corwin Sent: Tuesday, August 23, 2016 9:40 AM To: Mary Wong <mary.wong@icann.org>; Jeff Neuman <jeff.neuman@comlaude.com> Cc: gnso-rpm-wg@icann.org Subject: Re: [gnso-rpm-wg] Inadvertent Error on PDDRP Survey Thank you Mary. Clearly, profiting from the sale of second level domains is not and should not be a cause of action for any RPMs, Our concern is intentional TM infringement. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: gnso-rpm-wg-bounces@icann.org <mailto:gnso-rpm-wg-bounces@icann.org> [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Mary Wong Sent: Monday, August 22, 2016 9:44 PM To: Jeff Neuman Cc: gnso-rpm-wg@icann.org <mailto:gnso-rpm-wg@icann.org> Subject: Re: [gnso-rpm-wg] Inadvertent Error on PDDRP Survey Thank you, Jeff - our apologies to all for the inadvertent omission. We will fix it as soon as we can and resend the link to all community group chairs with a short explanatory note. Cheers Mary Sent from my iPhone On Aug 23, 2016, at 09:36, Jeff Neuman <jeff.neuman@comlaude.com <mailto:jeff.neuman@comlaude.com> > wrote: All, A Registry just pointed out to me that we have an error in question 7 of the PDDRP Survey that just went out which we can easily fix, but definitely need to fix. Question 7 currently states: “7. Has there been any conduct by new gTLD registry operators that you believe constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of domain names at the second level?” However, the PDDRP only applies where it constitutes a “substantial pattern or practice of specific bad faith intent to profit” from the sale of trademark infringing domain names at the second level. [The Underlined portion was left out]. The portion that was left out is KEY to the cause of action. As he jokingly put it, some believe that the sale of all second level domains constitute a bad faith intent to profit :) However, at this point the PDDRP does not apply in any situations other than selling trademark infringing domain names. Can we please fix and reissue the survey? Thanks. Jeffrey J. Neuman Senior Vice President |Valideus USA | Com Laude USA 1751 Pinnacle Drive, Suite 600 Mclean, VA 22102, United States E: <mailto:jeff.neuman@valideus.com> jeff.neuman@valideus.com or <mailto:jeff.neuman@comlaude.com> jeff.neuman@comlaude.com T: +1.703.635.7514 M: +1.202.549.5079 @Jintlaw _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org <mailto:gnso-rpm-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg _____ No virus found in this message. Checked by AVG - www.avg.com <http://www.avg.com> Version: 2016.0.7752 / Virus Database: 4633/12811 - Release Date: 08/15/16 Internal Virus Database is out of date.
+1, Jeff. Good catch. From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Jeff Neuman Sent: Monday, August 22, 2016 9:26 PM To: gnso-rpm-wg@icann.org Subject: [gnso-rpm-wg] Inadvertent Error on PDDRP Survey All, A Registry just pointed out to me that we have an error in question 7 of the PDDRP Survey that just went out which we can easily fix, but definitely need to fix. Question 7 currently states: "7. Has there been any conduct by new gTLD registry operators that you believe constitutes a "substantial pattern or practice of specific bad faith intent to profit" from the sale of domain names at the second level?" However, the PDDRP only applies where it constitutes a "substantial pattern or practice of specific bad faith intent to profit" from the sale of trademark infringing domain names at the second level. [The Underlined portion was left out]. The portion that was left out is KEY to the cause of action. As he jokingly put it, some believe that the sale of all second level domains constitute a bad faith intent to profit :) However, at this point the PDDRP does not apply in any situations other than selling trademark infringing domain names. Can we please fix and reissue the survey? Thanks. Jeffrey J. Neuman Senior Vice President |Valideus USA | Com Laude USA 1751 Pinnacle Drive, Suite 600 Mclean, VA 22102, United States E: jeff.neuman@valideus.com<mailto:jeff.neuman@valideus.com> or jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com> T: +1.703.635.7514 M: +1.202.549.5079 @Jintlaw
participants (6)
-
Beth Bacon -
Jeff Neuman -
Justine Chew -
Mary Wong -
Paul McGrady -
Phil Corwin