What is going to happen with those names that are clearly not trademarks,
but were put in during the Sunrise period? How many people were told in the
Landrush period that a name wasn't available, when in fact it should have
been? Does it go back into the general pool? How do we find out such things?
Is that fair to those who were originally told it's gone?
What gets my interest, is point #1 listed below.
(These are from the Afilias website:)
The only bases for a valid challenge to a Sunrise registration are if:
1) At the time of registration of the domain name, no current trademark or
service mark registration was issued in the registrant's name,
2) The domain name registered is not identical to the textual or word
elements of the trademark or service mark that is registered, or
3) The registration of the trademark or service mark registered is not of
national effect or was not issued prior to October 2, 2000.
If no one challenges a registration from the Sunrise period, does it go
through no matter how questionable the actual trademark is? As James says "a
great way to beat the lineup"....
(PS...None of these rantings are directed towards OpenSRS/Tucows. They're
still the greatest!!!)
----- Original Message -----
From: "James Wingfield" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Wednesday, July 18, 2001 4:06 PM
Subject: Re: ICANNwatch article on .INFO
> Dennis
> I agree with you, however my understanding of this is somewhat different
> from yours. I have done some lookups on names that are clearly not
> trademarked, yet it appears to me that registrants are pre-registering
these
> names on the assumption that they can beat the lineup by registering them
in
> the sunrise period vs. the landrush period.
>
> Seems like a great way to beat the lineup to me...
>
> James.
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Dennis Hisey
> Sent: Wednesday, July 18, 2001 1:45 PM
> To: Ken Joy; [EMAIL PROTECTED]
> Subject: Re: ICANNwatch article on .INFO
>
>
> You can argue that this inch/ounce of prevention actually solves nothing.
> All it does is add another layer to go through on the way to the UDRP, and
> then the courts. What you can't argue, is that a substantial number of
> common words that would likely never be considered trademarks and thus
> should be fair game for everyone, are now out of reach of mere mortals
such
> as myself.
>
> Dennis Hisey
>
>
>
>
> >Probably something about 'an inch of prevention is worth a pound of
> >cure'.....in addition to the obvious money makeing potential; disputes
> don't
> >make anyone (well, laywers perhaps, but certainly not budding registries)
> >any money.
> >
> >Thanks
> >
> >Ken
> >
> >-----Original Message-----
> >From: [EMAIL PROTECTED]
> >[mailto:[EMAIL PROTECTED]]On Behalf Of Dennis Hisey
> >Sent: Tuesday, July 17, 2001 3:50 PM
> >To: [EMAIL PROTECTED]
> >Subject: Re: ICANNwatch article on .INFO
> >
> >
> >Could someone please explain why there should even be a Sunrise period.
> >(Besides the obvious excuse to charge more money.) We have a UDRP that is
> >supposed to deal with these types of problems. All it has done is give
> those
> >with extra cash to spend, and a love of gambling, an advantage in
> >registering names that would hardly be considered trademarks.
> >
> >At least the .biz process only warns you of potential trouble down the
> line,
> >it doesn't stop you from trying to register. That seems somewhat fairer
> for
> >everyone.
> >
> >Dennis Hisey
> >
> >
> > >
> > > http://www.icannwatch.com/article.php?sid=249&mode=thread&order=0
> > >
> > > I have to disagree with Russ on one point, I think having the Sunrise
> > > registration block the landrush is a good thing. Contrast with .BIZ
> > > where IP claims don't even notify landrush hopefuls so people will
> > > buy tickets with no hope of getting the domain and will have no
> > > remedy when they get clobbered with an IP claim after they have
> > > already been parted from their money.
> > >
> > > My 0.02
> > >
> > > -mark
> > >
> > >
> > > --
> > > mark jeftovic
> > > http://www.easydns.com
> > > http://mark.jeftovic.net
>
> _________________________________________________________________
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