The question I have is this: Will there be any difference in the handling of disputes of domain names initially registered without a trademark (eg landrush) and those initially registered with a trademark (eg sunrise), once the initial sunrise challenges, STOP processes, etc. are over?
Obviously any gTLD domain name is subject to a UDRP action at any time. The wording from Neulevel could be interpreted to mean UDRP and other challenges which apply to all .biz and .us names, not just those originally registered under sunrise rules. The statements from Afilias, on the other hand, imply some sort of permanent watch on sunrise names to make sure nobody ever tries to own one without the benefit of a trademark. (I have not heard anything from Afilias regarding how revoked names will be returned to the public pool in the future, since LR2 does not seem to include many names currently being challenged by Afilias.) I don't know if the statements made by the registries are deliberately vague to allow for evolving policy changes, or if they are just having trouble clearly expressing their intentions. I think I understand Neulevel/Neustar, but I can't figure out why Afilias seems to be doing everything in their power to reduce the stability and value of the .info namespace. ----- Original Message ----- From: "Scott Allan" <[EMAIL PROTECTED]> To: "Marc Schneiders" <[EMAIL PROTECTED]> Cc: <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]> Sent: Tuesday, May 14, 2002 10:33 AM Subject: Re: what about the trademark information after a transfer > At 04:26 PM 5/14/02 +0200, Marc Schneiders wrote: > >What does this mean on a practical level? This is much too vague. Suppose > >that Microsoft is the registrant of word.info and they decide at some time > >in the future to rename their wordprocessor and sell the domain word.info. > >They sell it, say, to me, having no trademark on 'word'. This means that > >anyone who has, can UDRP me?? > > This is not how I interpret their response. It get: > > - TM info was only required for initial registration > - TM DB data is not the responsibility of the registry > > I then infer: > - any name can be challenged at any time; registrants who acquire already > registered names should note this, and ensure they consider this when acquiring > - I would imagine that should they take prudent steps, and secure > documentation etc... they will be able to withstand any challenges, > provided they comply with the registries other terms > > Hope this helps - > > Regards, > > sA
