URS Individual Proposal #6

The recommendation is to permit multiple unrelated Complainants to bring a single Complaint jointly against a single domain name registrant (or related registrants) who has registered multiple domain names, by deleting the following procedural element within Section 1.1.3 of the URS Procedure: 


"One Complaint is acceptable for multiple related companies against one Registrant, but only if the companies complaining are related.”


Context: 

Rationale provided by the Proponent: A single Complaint against a single domain name registrant (or related registrants) should be permitted to be joined by multiple unrelated Complainants. There is no practical difference between allowing a Complaint based on trademarks that are owned by different, but related corporate entities, as permitted in Paragraph 1.1.3 of the URS Procedure, and allowing a Complaint based on trademarks owned by different, but unrelated entities, whose marks are similarly being abused by the same registrant. 


Allowing multiple unrelated Complainants to bring a single Complaint jointly will enhance the utility of the URS by: 

  • Reducing the cost burden on all parties, including Providers, by avoiding duplication and maintaining focus on the scope of the abuse to multiple trademarks by one Respondent registrant. 
  • Streamlining the process, creating significant efficiencies, and enabling the suspension of multiple domain names abusing third-party rights.


Working Group Deliberation: There was some support in the Working Group for publishing this proposal in the Initial Report to seek public comment. Some Working Group members expressed practical concerns about implementing the proposal.