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||Fri, January 4, 2002 at 6:19 PM GMT
||Microsoft Internet Explorer V6.0 using Windows 98
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
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'.
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.
- LegalEagle EasyTech2, January 4 @ 6:19 PM (3/41)