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||Sat, August 18, 2001 at 5:51 PM GMT
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||differences between proposals for discussion
Hi RichyHenderson. I agree that we are nearing a consensus. There are
two possible differences which could be important though.|
Your wrote: "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
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)."
Does the LR winner
have to rely on Afilias or someone else to challenge in order to have the name freed
up? I prefer to explicitly give LR winner right challenge after challenger
period over without LR winner needing TM rights on name. 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 challenge.
What do you mean by "no other Trademark
holder claiming it". This could mean that the LR winner needs TM claim on name
to get it. This potentially no different than the way things are now.
If there were no challenge of the last person holding the name (see "Musical Chairs
Lottery" explained at DomeBase.com), then how would it be determined that the the
last person holding the name is not a valid trademark holder without a challenge
-- such as afforded by the DomeBase proposal? What happens if the last person
holding the name is Afilias? Can the LR winner successfully challenge Afilias
under your proposal? They could under mine (unless Afilias has TM to name),
because the LR winner has the right to last challenge and will be successfull is
last name holder does not have TM.
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
Your thoughts on this?