This is the Q & A for Commercial
connect who is also seeking .shop
This is rather interesting. How dare ICANN ask
for their legal bills to be paid.
I am a .shop registrant through name-space
and you bet I will assert my rights!
I find this unethical and a form of bribery.
See you in court if need be.
ICANN is in the process of reviewing
Commercial Connect's TLD Application. As outlined in the October 23, 2000 TLD Application
Review Update which appears at http://www.icann.org/tlds/tld-review-update-23oct00.htm,
ICANN may "gather the additional information [it] require[s] by posing specific questions
to applicants in e-mail and requesting a written response."
Keeping in mind the
goal to evaluate applications to operate or sponsor new TLDs in as open and transparent
a manner as possible, both the questions posed by ICANN and the Applicant's responses
will be publicly disclosed on the ICANN website.
Accordingly, ICANN requests your
reponses to the following questions:
1. Identify and summarize Applicant's assumptions
with respect to the existence of other general purpose TLDs in determining the total
number of registrations in your application.
2. State in detail your position
as it relates to possible legal claims by certain applicants and/or non-applicant
third parties based on alleged trademark, patent or other violations of purported
rights in the TLDs identified in your application.
3. If you receive a new TLD,
state whether you will indemnify ICANN for claims arising from legal challenges regarding
your right to operate the new TLD. If you will indemnify ICANN, identify and describe
in detail the resources you propose to utilize for the indemnification.
if you receive .shop as a new TLD instead of .mall, describe in detail the effect,
if any, on the pro forma financial statements submitted with your application.
Hypothetically, if you receive .svc as a new TLD instead of .mall, describe in detail
the effect, if any, on the pro forma financial statements submitted with your application.
Commercial Connect Responses:
1.Please look at the attachment.
Connect, LLC's application calls for a sunrise period for trademark and/or intellectual
property applicants to register domains. We shall require our registrars get information
pertaining to the applicant's right to such domain. This may be in the form of a
letter on company letterhead stating the name or strings that they have registered,
the country in which it is registered and proof of registration such as a trademark
number or certificate. Commercial Connect, LLC. will periodically screen the registrars
to insure this is being enforced.
3. In regards to legal claims by the applicants,
Commercial Connect, LLC. proposed to adopt the ICANN Uniform Dispute Resolution Policy
for handling such claims. We will in fact indemnify ICANN for claims arising from
legal challenges that may incur in regards to our right to operate such registry.
Simon Properties has a complete in house council as well and uses Jones, Day,
Reavis and Pogue among others for intellectual property matters.
4. and 5. Our
actuaries estimated that 92% of the business would be from the .shop TLD, another
7% would be from .svc and only 1% would be from .svc. By including .svc and .mall
our intent was to allow for organization of certain e-commerce segments to enhance
the usability of the internet. The .svc and .mall while important are more likely
to reflect organizational placeholders while the .shop would make the proposal financially