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    This discussion has been archived. No new comments can be posted.
    Afilias - the Protector of Trademark Rights | Log in/Create an Account | Top | 15 comments | Search Discussion
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    Wrong Appendix
    by JeffD on Monday July 14 2003, @09:14AM (#11956)
    User #3702 Info
    I have only looked at the names that were registered as part of the Sunrise Policy and Period. I have not been concerned with other names that Afilias may have reserved by agreement with ICANN as they were not part of the Sunrise Process. The three names that I mentioned in the article were registered as Sunrise names with a trademark claim. If you look at the WHOIS records, they all have the four trademark fields in common with all other Sunrise names. The other reserved names do not.

    There was no misinformation in the article.

    I followed up on dot.info because there was direct evidence that Afilias had prevented its registration by someone who applied to do so and was qualified to do so under its Sunrise Policy.

    I am not aware if anyone applied for any of the other reserved names as part of the Sunrise Process. If so, I would be happy to hear the details.

    If ICANN, through its registry agreement with Afilias, condoned Afilias registering trademarked names to which it had no intellectual property right then I think that fact simply adds ICANN as a party to a breach of the Sunrise Policy rather than exonerate Afilias.

    Or are your aguing that a decision by ICANN or Afilias that they have a right to a domain name override the intellectual property rights of others?

    Take a look at the list of names reserved by Afilias registrars - and accepted as legitimate by Afilias as part of a registrar's 'right' to reserve names for their own use (to be published later today if accepted by the moderators of ICANNWatch). Then talk to me about the legitimacy of registy/register reserved names...
    [ Reply to This | Parent ]
    Wrong Appendix by JeffD
    Re:Wrong Appendix
    by Anonymous on Monday July 14 2003, @07:34PM (#11963)

    I just wrote a really long reply to this, but lost it when I tried to post only to discover I'd been dropped by my ISP.

    You'll just have to take my word for it.

    Here are the salient points:

    • The nic, etc, names were reserved by ICANN, not Afilias.
    • The ICANN-reserved names seem to have been registered the same way as the dot.info name (i.e., which trademark fields filled with things like "ICANN reserved name") so, while it's odd that they chose to do them in a way that looks like bogus sunrise registrations (I expect it was for technical reasons - e.g., the database stucture - and notice reasons - they wanted registrants to know why their names were already off the table), there doesn't seem to actually be anything illegitimate about it.
    • All this was permitted under the same contract that created the sunrise policy, so you can't claim that Afilias or ICANN "breached" the policy.
    • Your article is full of misinformation (e.g., that nic.info was reserved by Afilias, when it was reserved by ICANN; that appendix K is the full list of reserved names, when appendix x includes a lot more; that dot.info looks the same as all the other reserved names, except that the App K names were reserved by ICANN and the app X names were reserced by Afilias)
    • Feel free to disagree with a policy that allowed Afilias to reserve some names before opening up a special trademark registration period, but don't suggest it was improper.
    • All this suggests you do shoddy research, so I hope whatever you have to say about registrar's abuse of sunrise is better documented and more fully researched.

    This reeks of a "get afilias" study. Who is funding your research?

    [ Reply to This | Parent ]


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