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Username: EasyTech2
Date/Time: Wed, January 30, 2002 at 4:15 PM GMT
Browser: Microsoft Internet Explorer V6.0 using Windows 98
Subject: Non-Priority Challenges

Message:
 

 
        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?
     

 


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