URS Individual Proposal #11
- Ariel Liang
Analytics
URS Individual Proposal #11 The Response Fee threshold should be lowered from 15 domain names to 3, because this is sufficient to demonstrate a clear pattern by the registrant based on relevant URS precedent. In cases where the named Respondent is ultimately determined not to be the actual registrant of all the domain names in the Complaint, the fee would only apply if the registrant is confirmed for 3 or more of the listed domain names; otherwise, no such fee would apply. |
Context:
Rationale provided by the Proponent: By 6 September 2018, six (6) URS cases out of 827 (0.7%) have involved Complaints listing 15 or more domain names (to which the Response Fee applies). There have been 25 cases (including those six) out of the 827 total cases (3%) where the Complaints listed five (5) or more domain names. There have been 43 cases (including those 25) out of the 827 total cases (5.2%) where the Complaints listed three (3) or more domain names.
URS precedent has indicated that as few as three (3) domain names can indicate a pattern of bad faith. See, e.g., Moncler S.P.A. v. Trani Johanna, Case No. 1713264 (Forum Feb. 6, 2017)[1] (“registration of three very similar domain names in issue in this case is indicative of a ‘pattern’ of bad faith registration by Respondent”). The threshold should be lowered from 15 domain names to three (3) domain names as a reasonable modification, given the case support for only 3 domains being required to establish a pattern.
Working Group Deliberation: There was general support in the Working Group for publishing this proposal in the Initial Report to seek public comment, but with some opposition. Some Working Group members expressed the concern that the proposed Response Fee threshold of three (3) domain names is too low.
Working Group Question for Public Comment: The Working Group seeks public comment on whether the current Response Fee threshold of fifteen (15) domain names should be lowered, and if so, what the new threshold should be.