29 Rights Protection Mechanisms

Prototypical answer:

Go Daddy has an experienced staff that is trained in handling intellectual property matters and is invested in helping trademark owners protect their brands. Go Daddy responds to and assists thousands of trademark holders in protecting their brands and consumers by enforcing Go Daddy’s Trademark and⁄or Copyright Policy (http:⁄⁄www.godaddy.com⁄agreements⁄showdoc.aspx?pageid=TRADMARK_COPY). Go Daddy removes content that contains reported infringements. Go Daddy also assists in takedown of infringing domain names that: (a) appear at Go Daddy Auctions; (b) use Go Daddy’s Premium Domain service; or (c) resolve to a parked page. In 2011, Go Daddy processed almost 1,000 suspensions for trademark claims, over 200 takedowns of parked pages, and over 600 removals of domain names from Go Daddy’s auction and Premium Domain name services.

Go Daddy abides by its contractual obligations to registrants, resellers, registries and other registrars to set requirements and procedures, as detailed herein, to handle all types of abuse.

In Go Daddy’s role as a registry, Go Daddy would:

1. Use Go Daddy’s expertise in handling requests from trademark holders. Go Daddy is currently poised to over-deliver when it comes to protecting brand holders. There is currently no trademark equivalent of the Digital Millennium Copyright Act (DMCA) (http:⁄⁄www.copyright.gov⁄legislation⁄dmca.pdf) that rewards web hosting providers with a safe harbor for complying with a notice and takedown regime for web hosting providers and other Internet service providers. Nevertheless, Go Daddy serves as a leader in the web hosting industry by establishing a trademark claims process with notice and takedown even though not required or rewarded by law.

2. Require registrars to have a reporting system for trademark abuse on sites they host.

3. If Go Daddy was not satisfied with the way a registrar handles trademark abuse on sites they host, Go Daddy would maintain the right to take action.

Go Daddy follows the Uniform Domain Name Dispute Resolution Policy (UDRP) for domain disputes. Go Daddy’s customers are required to agree to the UDRP upon registration of their domain names. Likewise, Go Daddy consistently refers to the UDRP at all customer service levels in any cases of domain dispute.

Go Daddy will also adhere to the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) and the Registration Restriction Dispute Resolution Procedure (RRDRP) as adopted by ICANN.

In Go Daddy’s role as a registry, with respect to the UDRP, PDDRP, RRDRP, or other mandated ICANN policies, Go Daddy would:

1. Enforce directions given by an arbitration forum.

2. Require registrars to promptly implement decisions within the timeframe prescribed by the arbitration forum (usually 10 days).

3. Communicate expeditiously with the corresponding registrar if Go Daddy receives a filed decision or complaint that needs to be implemented, so that the decision will be universally implemented and the registrar(s) may update their records.

4. Agree to abide by, implement, and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including the termination of the Registry Agreement pursuant to Section 4.3(e) of the Registry Agreement) following a determination by any PDDRP or RRDRP panel, in accordance with Specification 7.

Go Daddy does not have actual experience using the Uniform Rapid Suspension (URS) system (as it is a new mechanism in the industry), but Go Daddy is supportive of and familiar with the URS system, and will implement it as required.

In Go Daddy’s role as a registry, with respect to the URS, Go Daddy would:

1. Implement the URS with the procedures outlined by ICANN.

2. Draw from Go Daddy’s experienced staff to maintain and⁄or improve the implementation of the URS policy.

3. Use Go Daddy’s understanding of existing policies against abusive registrations to help administer URS mechanisms that are similar in nature.

4. Implement decisions rendered by the URS or other administrative bodies with the same adeptness that Go Daddy manages UDRP disputes.

5. If need be, provide additional human resources to handle the initial implementation of the URS system, and to handle any unforeseen issues or to help with continual maintenance and improvements of the system.

In previous TLD launches, Go Daddy has had the opportunity to observe, facilitate, and learn from the methods used by registries to help trademark holders secure registrations. In Go Daddy’s role as a registry, with respect to TLD launches, Go Daddy would:

1. Use Go Daddy’s experience to help trademark holders secure domain name registrations.

2. Recognize that TLD launches may include preceding or subsequent phases for other classes of applicants or registrants, such as governments.

3. Execute the TLD launch in distinct phases, including a pre-registration (e.g. “Sunrise”) period of not less than 45 calendar days, during which: (a) brand holders (or their authorized representatives) can submit applications for their strings in the TLD; (b) Go Daddy may engage an independent third-party service provider to validate brand applications; and (c) Go Daddy will verify brand applications against those listed in the Trademark Clearing House (TMCH).

4. Observe a “quiet period” of no less than 10 days before each TLD launch phase commences.

Because Go Daddy already has fully-staffed and functioning 24x7 Abuse and Domain Services departments, Go Daddy will incorporate all new gTLDs added to the Go Daddy registry into Go Daddy’s existing workflow to obtain immediate workability. Go Daddy anticipates additional headcount in the coming year in both its Abuse and Domain Services departments to allow for complaint volume increase, and for the potential need to communicate with multiple registrars regarding the gTLD.

Go Daddy’s existing funding, Shared Registration System, database capabilities, security policy, WHOIS system, Domain Name System (DNS), early adoption of Domain Name System Security Extensions (DNSSEC), automatic domain name locking system, and other network systems, which are described in this application, all contribute to the ability of Go Daddy’s Abuse and Domain Services Teams to mitigate and prevent abuse.

In addition, Go Daddy’s long-standing reputation for protecting the rights of registrants has discouraged misuse of the DNS. For example, recent Anti Phishing Working Group (APWG) reports have shown that, in comparison to the number (market share) of domain names registered with Go Daddy, the percentage of malicious domain names registered with Go Daddy is comparatively quite low.

Similar gTLD applications: (2)