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Username: DomeBase
Date/Time: Sat, August 18, 2001 at 5:33 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: (Afilias challenge & LR reserve) vs. (LR challenge w/o TM)


Hi RichyHenderson.  I agree that we are nearing a consensus.  There are two possible differences which could be important though.
You wrote -- "ALL names are offered at Landrush. If already trademarked at Sunrise, then winning Landrush applicant becomes reserve (has the right to challenge or leave Afilias to challenge). If challenge is successful, automatic transfer of name to the Landrush winner."

DomeBase Proposal (paraphrased to be similar) -- All names offered at Landrush.  If already registered at Sunrise, then winning Landrush applicant has right to challenge and keep name, without TM interest, after the challenge period is over, for a minimal fee.  (NOTE: Landrush challenge would only be successful if Sunrise Squatter sitting on the name)."

Differences: You request that Landrush applicant gets the right to challenge.  Anyone has this right now.  The key is not the right to challenge, but the right to challenge and keep a name registered by a Sunrise Squatter with bogus trademark information, without trademark rights by the challenger.  I do not see this explicitly in your proposal and this spooks me a lot.

In fact, if a cynic were to critique your proposal word for word, it might not require any change by Afilias at all --

(1) Land Rush has right to challenge... already exists
(2) Leave to Afilias to challenge... already exists
(3) If challenge is successful, transfer to winner... true by definitiion

I don't mean to be unappreciative of your work.  I do appreciate your work and effort. I just have observed that there is a greater chance of achieving objectives if the rules are more explicit with respect to those objectives.

Another comment concerning "leave to Afilias to challenge". Unlike some folks on this board, I do not think that folks at Afilias are are bad folks -- but they do have limited funds and will have a dilly of a time defining what is "questionable" -- so there will probably be many more names that Land Rushers would wish to challenge than Afilias would be able to challange.  At this point, I think that the DomeBase proposal more explicitly guarantees the desired result, but I am biased :).  I am also open to correction and response.  I have been wrong before.

Your thoughts on this?



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