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Username: EasyTech2
Date/Time: Fri, January 4, 2002 at 6:19 PM GMT
Browser: Microsoft Internet Explorer V6.0 using Windows 98
Subject: LegalEagle

Message: 		 

 
You wrote [an opinion]:
'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?
Do 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'.
(http://www.afilias.com/register/dispute_resolution/sunrise_challenge_policy_revised) 1. Purpose)
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 conditions...'
(http://www.afilias.com/register/dispute_resolution/sunrise_challenge_policy_revised) 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.
 
Link: http://www.afilias.com/register/dispute_resolution/sunrise_challenge_overview

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