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Username: nb
Date/Time: Wed, March 21, 2001 at 12:43 AM GMT
Browser: Netscape Communicator V4.76 using XWindows/Linux 2.2.14 (Pentium Pro)
Subject: I think there is a flaw in the planned procedures for .info sunrise dispute resolution

Message:
 

 
There can be no doubt that a domain name like travel.info would be
a very valuable asset for a travel agency, because many of their
potential customers will try http://www.travel.info first before
going to a general search engine when looking for travel-related
information.

Now here is how the planned procedures for dispute resolution could
be abused to register this domain name during the "sunrise period".
It is really very simple: I could pay someone to (falsely) claim
ownership of a valid and enforcable trademark registration of the
word "travel", and to make a corresponding "sunrise registration"
*at*a*speficied*time*.  Because I would know in advance exactly when
this "sunrise registration" is made, I could make sure that I would
be the first to submit a challenge.

Because a generic term like "travel" cannot be registered as a
trademark, it is clear that my challenge would be successful,
and according to

http://www.icann.org/tlds/agreements/info/registry-agmt-appj-02mar01.htm

this means that the following would happen:

"9. During this ten-day hold period, Afilias will offer the prevailing
challenger the option of registering the disputed domain name on its
own behalf. It the challenger elects such option, the registry will
give it an authorization code to allow registration of the domain name
through an accredited registrar."

Nota bene, I'd get the option of registering travel.info even though I
would make no claim to own a corresponding trademark - it suffices
that the original registrant cannot prove their claim.

Conclusion: The proposed dispute resolution policy is no good.
(I'm beginning to think that possibly the entire idea with the
"sunrise period" is not as good as it might appear at first.)

Norbert Bollow
Switzerland

     
     

 

Link: Proposed Unsponsored TLD Agreement: Appendix J (.info)


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