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Username: Gregory W. Krajewski
Date/Time: Tue, August 21, 2001 at 4:44 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Subject: Would like an official comment from Afilias or ICANN regarding "challenges"


If a bogus sunrise dot info domain is challenged by somone, other than affilias....Will they get the domain even if the person challenging does not have a TM themselves, or will it go back into the pool of names as it should...???

The reason I ask this is I get the sneaking suspicion that for those domains that are "obvious" bogus registrations during the sunrise, that if someone else other than Afilias challenges the person they  they could get the domain, by the sheer fact of "them making a claim".

PLEASE make this clear to everyone.  I read information on ICANN's website and it made me very concerned:

>>>>While anyone can challenge a sunrise registration, under the supplemental challenge procedure announced today by Afilias, the registry itself will submit a challenge against any of these facially unqualified sunrise registrations that are not challenged by others<<<<<<<

The important thing to key in on is they are only going to challenge the reported domains that ARE NOT CHALLENGED!!!  Also I am not sure of the terminology used above but it does say "...Anyone can challenge a sunrise..."  Does that include people who don't have a TM claim to a domain they may want to challenge. 

Somebody has to have a legitimate TM hopefully to challenge...Am I correct?  If not then we will be back to square one with this as with people with absolutely NO TM claims to a domain will think nothing of paying $295 or whatever it is to circumvent the landrush.  I abhor the Sunrise and predicted this would happen last year on this very board, but we have to live with it.  HOWEVER it MUST be fair!

So if Afilias or anyone "affiliated" with them would ask them to clarify this...I would think that you would need a TM claim to challenge somone, and hopefully whoever is doing the checking will make DAMN sure that whatever domain is finally granted under this sunrise, that the person has a legitimate--proven TM as of 10/1/01...otherwise let the domains go to the landrush....



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