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Username: IncompetentAfilias
Date/Time: Fri, September 14, 2001 at 4:04 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Sunrise Challenges & Resulting Domain "Transfers"

Message:
 

 

One can only successfully "Transfer" the disputed domain to oneself if you have a trademark that abides by the Sunrise rules, otherwise the domain will be returned to Afilias after the dispute period if noone with a trademark disputes said domain.

The above statement is supported by the following WIPO website, which is quoted below...

http://arbiter.wipo.int/domains/gtld/info/sunrise/guide.html

"9) What remedies are available to a Sunrise Challenger?

The remedies available to a Challenger are limited to requiring the cancellation of the domain name registration or the transfer of the domain name registration to the Challenger.

A successful Challenger who has requested transfer of the domain name will be given an opportunity to register the domain name in its name within 10 days of the notification of the authorization code (see E 5, and Paragraph 11(b) of the Rules). The Challenger, in its turn, will have to assert in its registration agreement that it complies with the sunrise registration conditions, i.e., that it has a qualified trademark which would have qualified as a basis for registration during the original sunrise period (Paragraph 4(j) of the Policy). Such a subsequent registration can itself be challenged by others under the Sunrise Policy and Rules."


 


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