Very well thought out plan (DomeBase Solution™). The thing I like about it
is that it has a *common sense* approach to it. Everyone is a winner
in the sense they will have THEIR chance, and NO ONE can say they weren't given a
fair shot at a domain. That is all most people want is a FAIR chance at a non-TM'd
domain they requested for the landrush that was taken in the sunrise "accidently".
ESPECIALLY those that were registerd without a Trademark # and a date that was after
10/1/00. I think if one were to take the Registrant Agreement by the letter, Afilias
would be in its right to cancel those types of domains "without the challenge procedure".
give me Dr. Connor But I took the liberty to cut and paste your proposal so EVERYONE
can see what you are proposing that will remedy this situation. (from your website
http://www.domebase.com) NOTE: If you registered a domain during the
sunrise and you do not have a TM, please consider #4 of this solution...
PROPOSAL" (revised 8/20/01 with help from others, including chrism, bobc, richh):
1: Run the Land Rush for all names . Have one round robin for names not registered
during Sunrise, as originally planned. Have a special round robin for names
already registered during Sunrise.
2: For names not registered in the Sunrise,
the Land Rush winner gets the name, as originally planned.
3: For names registered
in the Sunrise Period, the Land Rush "winner" does not get the name, but does get
two rights: (a) the right to pay registration fee and get the name if it is available
after challenge by Afilias or other party after the 120 day Challenge period is over;
or (b) the right to submit the final Sunrise Challenge for a minimal fee for that
name after the 120 day Sunrise Challenge period. In (b), if the Sunrise
registrant can not prove that he/she has a valid trademark in accordance with the
Sunrise Period rules, then the Land Rush winner pays registration fee and gets the
name without having to show a trademark for the name.
4: Allow people who did
not intend to register their names in the Sunrise Period to cancel their registration
before the Land Rush period by notifying Afilias and their registrar.
Replace lock-out on Land Rush pre-registration of names taken during Sunrise with
a warning -- "This name has already been registered in the Sunrise Period.
The Land Rush winner will not win this name -- but will win the rights to (1) get
the name if successfully challenged by Afilias and available at the end of the Sunrise
challenge period or (2) to challenge a non-trademarked name at the end of the Sunrise
period and get it. If you still want to register this name for a chance to
win these rights, please continue."