Public Comment

Public Comment is a vital part of our multistakeholder model. It provides a mechanism for stakeholders to have their opinions and recommendations formally and publicly documented. It is an opportunity for the ICANN community to effect change and improve policies and operations.

Name: Lori Schulman
Date:18 Apr 2022
Affiliation: International Trademark Association (INTA)
Summary of Attachment

The attachment is a letter outlining INTA's position on the UDRP Policy Status Report.

Summary of Submission

The UDRP has been extremely effective in meeting ICANN’s Goals. As recognized by the Report, the UDRP was adopted by ICANN in order to provide an efficient, quick, cost-effective and fair substitute to traditional litigation for clear cases of cybersquatting. Based on the experience of its members and the data summarized by the Report, INTA believes that the Policy has been effective at targeting straightforward cases of cybersquatting and that the UDRP has and continues to meet these goals overall. The information provided by the Report demonstrates that the scope of cybersquatting is massive and continues to thrive. Without the UDRP, trademark owners would have had to incur massively greater expenses to take action against bad faith registration and misuse of their trademarks as domain names. In addition, the damage to brand owners and to consumers from the use of abusive trademark registrations would have remained largely unabated and would undoubtedly be even greater than it is today without the deterrent effect of the UDRP. Although no system may ever be perfect, as discussed in the Report any problems with the UDRP are outweighed by the benefits resulting from the availability of the UDRP and are not sufficient in number, absolutely or relatively, to warrant any major changes to the UDRP. If a consensus exists that changes to the UDRP and its implementation should be considered, INTA believes some elements may be appropriate to address. However, INTA believes more pressing issues face ICANN that should be prioritized above consideration of changes to the UDRP.