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Username: DomeBase
Date/Time: Sat, August 18, 2001 at 5:51 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: 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 first reserve.'

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, 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 objectives.

Your thoughts on this?




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