Return to New TLD Agreements Forum - Message Thread - FAQ
||Thu, January 3, 2002 at 12:42 AM GMT
||Microsoft Internet Explorer V6.0 using Windows 98
||Questions to LegalEagle
'I'd even go out on a limb to say that even if a successful registrant
on-sold a 'trademarked domain' to another party with no trademark, as long as the
original registrant abided by Afilias' rules and policy, then a challenge would still
not be successful due to the reasons above. Remember, the policy rules only cover
the original registrant, not successive registrants.'
Do you really think so?
successive registrants have to prove that the original registrant has/had a valid
trademark or service mark?
I think Afilias can not challenge the new domain holder.
The Sunrise Challenge Policy only applies to 'domain names originally created
during the Sunrise Registration Period...,including any subsequent transfers of such
names UNDER THIS POLICY'.
And transfers UNDER THIS POLICY are only possible if 'the Center [WIPO]
decides that the challenge complies with the Sunrise registration conditions...Any
registration pursuant to SUCH a transfer will be subject the sunrise registration
6. Transfers during a dispute)
In my opinion a 'normal' transfer (after the 180
days 'locked-period') is not a 'TRANSFER UNDER THIS POLICY'. Therefore the new registrant/owner
couldn't be challenged by Afilias.
LegalEagle, please share your opinion with us.