Pressed by Marty to explain how ICANN can distinguish between good applicants and bad ones, Mary pointed out that all applicants were examined -- the problem of choice runs between competing good applicants as well as good v bad ones -- and expressed the hope that competing applicants would reach a negotiated understanding. Failing that, whoever has the most, wins. Open (licensable), restricted and single registrant generic strings were also discussed.
Dickerson M. Downing (Crowell & Moring), speaking on the Trademark Clearinghouse scheme and the notice provisions that it offers to existing trade mark owners. David E. Weslow (Wiley Rein) filled in some of the horrific detail of the possible costs that might be incurred by trade mark owners in seeking to have their marks registered for clearinghouse purposes.
Steven J. Metalitz (International Intellectual Property Association) then updated us on the current state of Whois and the problems of incomplete and inaccurate information being registered in respect of contact data for website owners. A new version of the register accreditation agreement is expected to require registrars to obtain proper information and to enforce this duty. The current system, said Steven, "is broken" -- and even if it wasn't, many registrants are by proxy with the result that you can't find out the name of the real registrant anyway.