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Wilbers also mentioned that the Center is close to releasing a new version of its bible for panelists: the Overview of WIPO Panel Views on Selected UDRP Questions. The new "2.0" version will include topics that have emerged in recent years, such as whether domainers who design computer programs to register domains automatically are guilty of bad faith registration and use—a key part of the Policy. "The answer is yes they are guilty," said Wilbers. "It is a form of willful blindness." The new Overview is likely to be published within the next few months.
To a degree this policy arrives "a little late to the game" since the practice of domain tasting, i.e., automated registration at its worst has, to my understanding/observation, been cut back significantly.It has. The extreme oscillations of 2007 or so in com and net have been smoothed out now and the pattern effectively collapsed with ICANN's action against tasting.
I have often thought that similar logic ought to apply to the practice of certain domain parking companies who, for years, routinely allowed, monetized and profited from the parking of trademark infringing domains.What worries me about this is that it is almost introducing an element of due diligence testing by stealth. Perhaps this guy wants to impose such a requirement on a registrant to determine if there are any existing rights or trademarks that could affect their registrations.
The parking company's rationale for allowing the practice to persist? It goes/went something like this: ~"We must use software to detect infringing domains because we just can't be expected to visually scan or otherwise assess these long lists of domains being added to our system." (Probably, long lists generated by . . machine registrations . . )It would involve checking the domains against a database of trademarks and rights. It is not exactly impossible to do but it is just that it is so completely hairbrained because the jurisdictions have not been defined. The flakey deposit type trademarks used in the .eu Sunrise fiasco is a classic example of what can go wrong with such a general solution.
It would involve checking the domains against a database of trademarks