Thanks.Now I wonder if Afilias could challenge such
a domain name. According to the policy. 'The next Challenger in the original queue
will be the Priority Challenger for any such proceeding...'
Afilias would be the
last Challenger in that queue.
What about that?
In their 'Notification of Challenge
Number and Non-Priority Status' WIPO wrote ...
'If the Respondent fails to pay
the required fee, does not submit a Response, or cannot prove compliance with the
sunrise registration conditions, the Priority Challenge will be granted. If
the prevailing Priority Challenger had requested transfer, it will be given an opportunity
to register the Domain Name in accordance with the sunrise registration conditions.
>>>> If the prevailing Priority Challenger successfully registers the
Domain Name, anyone can initiate a new Challenge against the new registrant.
The next Challenger in the original queue will be the Priority Challenger for any
such new proceeding if it submits its new Challenge within 30 days of the notification
of the new Domain Name registration. <<<< If the prevailing Priority
Challenger fails to register the Domain Name or had requested cancellation, the domain
name will be offered to the next Challenger in the queue that requested transfer.'
-->
You can't read anything that you have to submit this new challenge before December
26, 2001.
In their 'Notification of Domain Name Disposition - Transfer' received
in January WIPO wrote that your challenge is deemed terminated and that you can't
initiate a new challenge against the new registrant.
--> Hey what's going on
with WIPO?
In one document they write you can submit a new challenge in another
document they write you cannot. Are they mad? Is this legal?
Btw the rule that
you should submit your challenge before December 26, 2001 collides with the 'rule'
'If the prevailing Priority Challenger successfully registers the Domain Name, anyone
can initiate a new Challenge against the new registrant. The next Challenger
in the original queue will be the Priority Challenger for any such new proceeding
if it submits its new Challenge within 30 days of the notification of the new Domain
Name registration.'
"lex specialis" ???
Which date has priority?