Here is an update from Afilias - we were really clear in our exchange this time:) (their answers are in CAPS):
>>If I have a sunrise name, can I transfer it to someone else? YES >>Does this other party have to have a TM? NO >>If they do not have a trademark, what should the TM show in the WHOIS? Enter null information in the TM fields and it will not show up in the WHOIS >>Does Afilias review this transaction? NO >>Would challenges be subject to the normal UDRP? YES Hope this clears up any concerns. Thanks to the good folks at Afilias for their help. sA At 11:29 AM 5/14/02 -0400, Chuck Hatcher wrote: >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 Scott Allan Director OpenSRS [EMAIL PROTECTED]
