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Username: richyhenderson
Date/Time: Fri, August 17, 2001 at 6:45 PM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Subject: This is a simple solution to .info False Trademark problem!

Message:
 

 
I offer you a solution to the .info False Trademark problem, so simple I cannot understand why it isn't implemented immediately (especially in ICAAN'S own interests):

So this is how it would work:

ALL names (even if Trademarked) are processed in the Landrush/StartUp randomised selection procedure.

Any names not trademark-claimed go straight to the first person selected by random, as was always intended.

All names with a Trademark claim (legitimate or false)are not offered at Landrush but get "RESERVED" for the first person selected by the Landrush randomized process. That person is told, "This name is taken, but in the event of a Challenge succeeding, and no other Trademark holder claiming it, it is reserved for you as first reserve."

NO CHARGE will be made in this latter case, until the time a challenge succeeds, and the Landrush applicant gets offered it.


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Benefits for Afilias, ICAAN and the Internet community:

Good PR. No-one blames people for what cyber-squatters have done. But if Afilias's response is mishandled, it will reflect badly on their critics, ICAAN's critics, and those Congressmen etc who would like excuses to flood the market with new TLDs.

This way, Afilias have honoured genuine Trademark holders (doubly so by taking on challenges of spurious claims themselves).
They have honoured Landrush applicants (their main future customers) by actually extending the market of available names in the randomised process in the first instance.

Nobody will feel aggrieved if a genuine Trademark holder gets a domain - everyone always respected that.
But everyone will be appreciative of all the flexibility and efforts Afilias have exercised, which safeguards BOTH Sunrise and Start Up procedures, and means that ALL domains except Trademarks will truly go to the legitimate Landrush applicants.

Registrars need charge nothing, because there will be no charge until 120 days + when a challenge succeeds and the "RESERVE" applicant gets it.

Registrars will continue to charge for the majority of successful Landrush applications that go straight through.

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All this is gain in terms of public relations

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As to the administration of this:
I cannot believe that the "block" on Trademark names cannot be disapplied for the Landrush, and a simple message put in place of the block:

"Afilias informs you that this name has been registered as a Trademark. However, in the event that the Trademark is successfully challenged, and in the absence of another Trademark applicant, you have been named by randomised selection, as the first RESERVE applicant."

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Normal challenge procedures then unfold. Most applicants will not mind waiting 120 days, or 120 plus xxx days, if they know that a fair process is in place which COULD result in them getting the name they want, if that is the fair result. ICAAN and Afilias will be able to take pride in a procedure (both Sunrise and Landrush) that has worked effectively, guaranteeing Trademark rights and pointing the direction for the future evolution of processes like these. PR comeback and victory claimed.

Afilias should not underestimate the extreme feelings being expressed in the internet community over the perceived 'collapse' of the Landrush phase for many people who have spent months and many dollars preparing for it. It would be a Public Relations setback which would ripple on, souring the reputation of Afilias, and adding succour to those who want to take the multi-TLD approach and bring ICAAN into disrepute.

This proposal is stunningly simple.

The whole plan (Sunrise AND Landrush) can still go ahead and succeed.

Please don't miss this opportunity.

Richard Henderson       
     

 


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