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Username: Dryweave
Date/Time: Wed, August 15, 2001 at 11:35 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 4.0
Subject: New look, different interpretation


This thing reads differently every time I look at it...I am sure that is not by accident on Afilias' part!       

First, remember there are only 2 positions you can fill...that of Priority Challenger and Non-Priority Challenger

In order for a Priority Challenger to be reimbursed the $220, the Respondent must pay their respondant fee of $295 AND the respondant must fail to prove they registered in compliance of the sunrise period (ie, they own the trademark) (Section 13d of the Rules)

I COULD NOT READ ANYWHERE ELSE WHERE THEY STATE THAT THE PRIORITY CHALLENGER WILL BE REIMBURSED.  So, if you challenge, and the respondant does DO NOT get your money back...and unless you yourself can prove you have the DON'T get the name...

As for NonPriority challengers, it states you get reimbursed when the challenge is settled one of two ways (either Rules 4(k)(ii) or 4(k)(vi)

4(k)(ii) is if the Priority Challenger wins

4(k)(vi) is an opportunity for you to challenge the 'new' owner (ie, the previous priority challenger who won the challenge).  If you are next in line, you can be the new Priority Challenger, or decline and get your $220 reimbursed, otherwise it all starts over.

Another example of Afilias' masterful grasp on elementary business processes. 


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