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Username: DaveKing2
Date/Time: Sat, November 24, 2001 at 3:53 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: Yes ...


A major issue seems to be that registrars are able to submit whatever fields they want to via their own API. For example, even in the post-Sunrise period, some registrars were still putting in trademark values, even though they didn't need to. If a field is empty then it doesn't show up via a WHOIS query. The fields definitely still exist in the database however.

I would assume that if a sunrise challenger doesn't have any of these fields after they have successfully transferred the name, this will be considered a NULL or Empty value. Therefore Afilias' algorithm (the complexity of which is yet to be determined) will most likely red flag this value and re-challenge the name, come the end of the year.

The major problem I guess is: how can other challengers who actually do have that TM, actually determine whether it's worth challenging this domain name? At the end of the day, it's probably safe to assume that if they didn't put a value there, then they don't own the TM, but you have to pay your $295 to really find out.



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