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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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