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Username: EasyTech2
Date/Time: Sat, January 5, 2002 at 8:40 PM GMT
Browser: Microsoft Internet Explorer V6.0 using Windows 98
Subject: is a licensing deal correct according to Afilias policy?

Message:
 

 
Sure, you can license a trademark to get the right to use this trademark.
But does this mean if someone is a licensee s/he could legitimly register a domain name under Sunrise policy?
I know someone else mentioned these some weeks ago. But does this really work?

'4 c. (i)    at the time of the registration of the Domain Name, a trademark or service mark was REGISTERED IN THE NAME OF THE PARTY, and was current (non-expired), as evidenced by the date(s) set forth in the certificate itself;4 and...'
http://www.afilias.com/register/dispute_resolution/sunrise_challenge_policy_revised (new policy)

'4 b. (i)    at the time of your registration of the Domain Name, a trademark or service mark was REGISTERED IN YOUR NAME and was current (non-expired), as evidenced by the date(s) set forth in the certificate itself;4 and...'
http://www.afilias.com/register/dispute_resolution/sunrise_challenge_policy (old challenge policy)

Can a licensee really claim that a trademark or service mark was REGISTERED HIS/HER YOUR NAME? I don't think so. The trademark or service mark was REGISTERED IN THE NAME of the TRADEMARK REGISTRANT and was licensed to the licensee.
Therefore I think a licensee is not in compliance with the sunrise policy.
Is the licensee and the registrant of a trademark really the same?

Is this licensing deal you mentioned for a word/domain in the area of 'online games'?
 

Link: http://www.afilias.com/register/dispute_resolution/sunrise_challenge_overview


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