Re: [ga] DMCA Takedown Procedures in revised .xxx appendix S

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Danny and all,

  What ICM seems to be wanting to do will have significant
legal impact on ICM and also seems to fly in the face of
due Process under most international legal doctrine...

Danny Younger wrote:

> I don't know if anyone has taken the time to review
> ICM Registry's Appendix S (judging from the public
> comments thus far, it sure doesn't seem so)... but I
> have concerns about the following:
>
> MECHANISMS TO PREVENT, DISCOURAGE, & ADDRESS ABUSIVE
> REGISTRATIONS
>
> 5.  Rapid Takedown
>
> Analysis of UDRP disputes indicates that the majority
> of UDRP cases involve obvious variants of well-known
> trademarks. ICM Registry does not believe that the
> clearest cases of abusive domain registration require
> the expense and time involved in traditional UDRP
> filings. Accordingly, ICM Registry will institute a
> rapid takedown procedure in which a response team of
> independent experts (qualified UDRP panelists) will be
> retained to make determinations within 48 hours of
> receipt of a short and simple statement of a claim
> involving a well-known or otherwise inherently
> distinctive mark and a domain name for which no
> conceivable good faith basis exists.  Such
> determinations will result in an immediate termination
> of resolution of the domain name, but will not
> prejudice either party?s election to pursue another
> dispute mechanism. The claim requirements will be
> modeled after the Digital Millennium
> Copyright Act. (ICM welcomes IP community input on
> this procedure.)
>
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

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liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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