[gtld-council] Text from UDRP that relates to resolving disputes about names

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello All,

Attached is a copy of the text that was discussed on Thursday with
respect to how the UDRP dispute process looks at:

From: http://www.icann.org/udrp/udrp-policy-24oct99.htm 

"You are required to submit to a mandatory administrative proceeding in
the event that a third party (a "complainant") asserts to the applicable
Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark
or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain
name; and

(iii) your domain name has been registered and is being used in bad
faith.

In the administrative proceeding, the complainant must prove that each
of these three elements are present."

Mike Palage was suggesting that we take (ii) above into account in the
new gTLD policy formulation.

Regards
Bruce Tonkin