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Username: Domebase
Date/Time: Thu, December 20, 2001 at 9:26 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Subject: proposal for giving LandRush I participants standing in LandRush II


DOMEBASE PROPOSAL (revised 12/6/2001)

1. Afilias announces that there will be a "Land Rush II" after challenges by Afilias are done.  Land Rush II should include all names registered in the Sunrise Period because, due to the ways fees and incentives are structured,  it is unlikely that all the names that should be challenged would be challenged beforehand.  As outlined below, legitimate trademark holders will not lose any names in Land Rush II, but Sunrise squatters on non-trademarked names will lose their names.

2. Registrars can participate in Land Rush II if they agree not to charge their customers who paid for names in Land Rush I twice for the same thing. Specifically, registrars can participate in Land Rush II if they: (a) did not charge non-refundable pre-registration fees for Land Rush I;  or (b) allow their customers who paid non-refundable pre-registration fees in Land Rush I for names taken during Sunrise to pre-register for the same names in Land Rush II without paying twice.  Also, they should accept only one submission per name in Land Rush II if they did this in Land Rush I.  Some people have also suggested that only registrars who give the public a chance to pre-register in their list should be allowed to submit a list names.

3. New customers also encouraged to pre-register names in Land Rush II. Although the rights of original Land Rush participants should be protected, other people should also have a chance at the Land Rush  II names.

4. The "winner" of a name for Land Rush II gets that name for a registration fee if the name has been successfully Sunrise challenged or canceled by Afilias and not taken by someone with legitimate trademark rights.  If the name is not available, the "winner" also has the option to Sunrise challenge the name and get it if successful (the name is not trademarked) for a subsidized fee (somewhere between $0 and $295) without having to show a trademark right in the name (which would be impossible by definition).To protect legitimate trademark holders from name loss due to WHOIS data processing corruption (good data entered, bad data displayed), challenged registrants should have a specified time-window after challenge to demonstrate that the registrant holds legitimate trademark for the name in accordance with Sunrise rules despite corrupted WHOIS data.
Comments welcome...


Link: DomeBase Proposal

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