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: Francois Gand
Date: 4 Mar 2022
Affiliation: UDRP vs Federal Trademark Registration and Business Use of Mark
Summary of Submission

The UDRP procedure is gravely flawed when ICANN refuses to recognize federal trademarks and documented business use of these registered marks and allows cybersquatters to sit behind privacy walls which block their illegal activities and more importantly their dates of registration of infringed domains. As such, the UDRP process will not recognize their "3 out of 3" conditions for complainants to get or get back these domain names violating their federally-registered trademarks. This is a critical loophole which ICANN should resolve once and for all instead of feeding cybersquatters by allowing them to charge incredibly large amounts of money for the sale or transfer of these sites by individuals who obviously have zero regard for the hard work of innovators, have absolutely no interest in actual entrepreneurial innovation and more importantly the use of these federally-registered trademarks in business. Shame on ICANN for allowing these hidden violators to get away via these privacy walls instead of fairly and openly supporting innovation.