ICANN Suggests New Suspension System in Trademark Report

CYBERSPACE — A team set up by ICANN to recommend proposals has filed its final report on trademark protection in the implementation of new generic top-level domains. Among its recommendations, a system that immediately takes down URLs has drawn a great deal of criticism.

Called the Uniform Rapid Suspension system, it would operate in addition to ICANN’s existing Uniform Domain-Name Dispute Resolution Policy as a “rapid takedown” system that allows trademark holders to avoid the time delay and costs of the former policy.

According to the report, “The URS is not intended for use in any questionable proceedings, but only clear cases of trademark abuse.”

A domain with a complaint against it would become locked but still functional after a complaint has been filed. The domain owner then has 14 days to respond and state his case. If the domain owner fails to respond or his case is deemed defective, the domain will remain locked and will not resolve for the duration of the registration period.

If a satisfactory response is sent within 14 days, it goes to an examiner that will consider the case.

According to the recommendation panel, examiners will look at cases through an increased “evidentiary threshold level” and greater burden of proof on the complainant.

Currently, when a UDRP is filed, although locked by the registry, the domain remains in the control of the domain holder until the decision is handed down in federal court.

The proposed system also will be more affordable for trademark holders at $200 per claim where each claim can contain up to 100 domains, compared to the $4,000-plus cost of a UDRP that includes filing and attorneys fees.

With ICANN’s comment period open until June 29, the public has expressed its dissatisfaction with the proposal, including concerns that the ease of takedowns would lead to an increase of complaints.

The Trademark Protection Open Forum contains about 72 posts of which the majority condemn the URS.

“This opens the door for enterprises to make dubious claims at low cost and low risk against parties that will, in many cases, be at a significant financial and legal resource disadvantage to defend their legitimate holdings,” wrote a respondent named David Eliason.

The report also suggests an IP clearinghouse and a universal trademark list.

Rights holders that submit an IP would be alerted when a new registration is using their marks. The Globally Protected Marks List would allow holders of worldwide marks to be added to a “white list.” The requirements to be included consist of ownership of the trademark issued in at least 90 countries across multiple regions with 200 registrations, issued before November 2008, among other requirements.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Show More