STATEMENT ON THE CHANGE OF DISTRIBUTION
METHODS FOR .BIZ DOMAIN NAMES ON REGISTRY RESERVE
process for .BIZ domain names has been the subject of litigation in the Los Angeles
Superior Court in the State of California. This lawsuit against NeuLevel, the Internet
Corporation for Assigned Names and Numbers ("ICANN"), and most of the .BIZ-Accredited
Registrars, alleges among other things, that the method for assigning domain names
during the start-up period constitutes an illegal lottery under California law. NeuLevel
has always believed, and still does believe, that the initial domain name application
process for .BIZ domain names was the most fair and equitable way to distribute these
domain names and complied with all applicable laws.
Most of the .BIZ domain names
for which NeuLevel received domain name applications became operational on October
1st, 2001. However, as a result of the pending litigation, NeuLevel delayed the randomization
of those domain names for which there were multiple applicants ("Affected Names").
NeuLevel believes that there is a strong likelihood that the litigation could tie
up the Affected Names for many months, if not years. In the interest of having the
Affected Names available as soon as possible, regardless of the final outcome of
the litigation, NeuLevel has developed an alternative method for the distribution
of the Affected Names. NeuLevel believes this operational change, which has been
developed in consultation with the ICANN, benefits the global Internet business community
as a whole.
To determine if a domain name is one of the Affected Names, please
go to www.whois.biz and search the name in question. If Domain Status is on "Server
Hold" AND the Registrant contact information contains the word "Pending," then the
domain name is one of the Affected Names.
NEW ROUND-ROBIN PROCESS
Acceptance of New Domain Name Applications
Beginning approximately the first week
of February 2002, NeuLevel will begin accepting new domain name applications for
the Affected Names from .BIZ-Accredited Registrars participating in the Round-Robin
process. NeuLevel will accept these submissions from the Registrars for a period
of thirty (30) days.
STEP 2: Matching Applications Against IP Claim Database
early March, after receiving all of the new domain name applications for the Affected
Names, NeuLevel will match each of the domain name applications against the existing
IP claim database. If the domain name in an application exactly matches a domain
name for which there was an intellectual property claim, NeuLevel will send an e-mail
notice directly to the domain name applicant notifying the individual of the conflict.
As with the initial .BIZ domain name application process, this notification will
include the IP claimant's alleged trade or service mark, its contact information,
the date the trade or service mark was first used, and whether the mark is registered,
applied for, or protected under common law.
STEP 3: Proceed/Cancel Process
order to proceed with the domain name application, a domain name applicant that receives
a conflict notice must elect to proceed with the application despite being notified
of its own, or a third parties' intellectual property rights. NOTE: A DOMAIN NAME
APPLICANT MUST ELECT TO PROCEED EVEN IF THE ONLY CONFLICT CONTAINED WITHIN THE CONFLICT
NOTICE IS THE APPLICANT'S OWN INTELLECTUAL PROPERTY CLAIM.
In order to proceed
with the application, an applicant needs to follow the instructions on the conflict
notice. A domain name applicant will have approximately 2 weeks to comply.
an applicant does not wish to proceed with the application, the individual may disregard
the conflict notice and/or delete it. THUS, IF A DOMAIN NAME APPLICANT DOES NOT RESPOND,
THE APPLICATION WILL BE CANCELLED.
STEP 4: Round Robin Selection Process
applications (i) for which there were one or more IP claims and the applicant elected
to proceed; or (ii) that did not match an IP claim, will be categorized ("Queued")
by the participating registrar. All of the domain names in each registrar's Queue
shall be randomized by NeuLevel in preparation for the Round Robin selection process.
The Round Robin selection process shall consist of a series of selection rounds.
Prior to the start of each round, the selection order for the registrar Queues shall
be randomized. During each round, domain name applications matching a previously
selected domain name shall be discarded from the selection pool and shall result
in a "lost turn" for that round for that participating registrar. The Round Robin
process shall continue until the last domain name in the last registrar queue has
STEP 5: Domain Name Selection and Go-Live
Once selected in the
Round-Robin process described above, a domain name application will be registered.
If the newly registered domain name matches an IP claim that was submitted, the registration
will be placed on hold for 30 days. This means that the domain name will not be operational
during this period nor will it be transferred to another party. Furthermore, in the
event that the registrant is a business that is not the same as the IP claimant,
the registrant may be subject to the Start-up Trademark Opposition Policy (STOP).
For more information about the STOP policy, please go to www.neulevel.biz/stop_overview/index.html.
a registration contains a domain name that did not match an IP claim, the domain
name will be registered, listed in the WHOIS database and immediately available for
use by the domain name registrant.
Please check NeuLevel's web site, www.neulevel.biz,
for any updates and further details.
Please note: This process has no effect on
.BIZ domain names that are already registered and live. If the domain name is registered
in the whois with your contact information and is not "pending," then it is not affected
in any way by the above process.
ADDITIONAL INFORMATION - FAQS
For more information,
please read the Change of Distribution Methods for .BIZ Names on Registry Reserve