[gnso-igo-ingo] Exception Procedure

[David Heasley <dheasley@xxxxxxxxx>]

Thomas and All,

Here, as requested, is a more detailed outline of the exception procedure to 
follow when an applicant claims a legitimate interest in using a protected name.



Goal: Where an applicant claims a legitimate interest in a second-level domain 
name that is a protected name, our goal is to provide a procedure for 
determining whether the application should proceed to registration.



            General Principles: The procedure must:



            * Provide immediate notification to the applicant and the protected 
organization when an application is refused registration because a name is 
protected.



            * Provide a channel of communication between the applicant and the 
protected organization;



            * Provide an impartial, expeditious, and inexpensive process for 
determining if the applicant has a legitimate interest such that its 
application should proceed to registration;



            * Use existing dispute resolution procedures wherever possible.





Outline of Procedure:



 1.  Notification of Conditional Refusal Based on Protected Name.  The 
applicant and protected organization will receive immediate electronic 
notification if an applied-for second level domain is conditionally refused 
registration because of a Protected Name in the Clearinghouse.



2.  Declaration of Legitimate Use.



    2.1  Each protected organization must record and maintain accurate contact 
information with the Clearinghouse designating a recipient and address to be 
notified electronically.



    2.2  Within ten (10) days of receiving a conditional refusal, an applicant 
may file a declaration with the Registry. The declaration must identify the 
applicant accurately, provide accurate contact information, and state that the 
applicant has a good faith, legitimate interest in using the domain name that 
does not violate any treaties, national laws or other legal entitlement of the 
protected organization. A standard form will be provided. The protected 
organization will receive a copy of the declaration electronically at its given 
address when the declaration is filed with the Registry.



    2.3  If, within ten (10) days after receipt of the above declaration, the 
protected organization does not file an objection with the Registry, the 
subject application will proceed to registration.



   2.4. If, within ten (10) days after receipt of the above declaration, the 
protected organization files an objection with the Registry, the conditional 
refusal will be reviewed by an independent Examiner.



3. Examination.



    The examination procedure (which is under consideration and will be 
discussed before this section is filled in) must comply with the principles 
above. It must:



        3.1 Be impartial;



        3.2 Give both parties the opportunity to be heard;



        3.3 Be expeditious; and



        3.4 Use existing procedures whenever possible.







Jim, Kiran, and I look forward to discussing this with the Group.





David K. Heasley
Silverberg, Goldman & Bikoff, LLP
1101 30th Street, N.W.
Suite 120
Washington, D.C. 20007
Tel. 202.944.2339
Fax  202.944.3306
dheasley@xxxxxxxxx