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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    ICANN Board approves .NAME contract | Log in/Create an Account | Top | 9 comments | Search Discussion
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    Re: ICANN Board approves .NAME contract
    by Jon_Weinberg on Wednesday August 01 2001, @02:15AM (#1549)
    User #16 Info | www.threecats.net
    Well, as I read Appendix L and Appendix M to the .name contract, the only grounds available to challenge a defensive registration is that the string isn't really the defensive registrant's trademark. If the company with the "Jones" mark for soap enters a defensive registration, and Sam Jones challenges it, Sam Jones loses. Unless I'm missing something . . .
    [ Reply to This | Parent ]
    Re: ICANN Board approves .NAME contract by Jon_Weinberg
    Re: ICANN Board approves .NAME contract
    by dtobias (dan@tobias.name) on Wednesday August 01 2001, @04:45AM (#1551)
    User #2967 Info | http://domains.dan.info/
    The wording is a bit dense (I wish they'd spelled things out much clearer in plain English), but the way I read it, a defensive registration can be successfully challenged by demonstrating that the name you wish to register is actually your true legal name, or a personal name by which you're commonly known, and your intended use of it is not for the purpose of infringing on somebody else's trademark. That's what's implied in this section:

    4 (d) Phase I and Phase II Defensive Registrations: The Effect on Your Defensive Registration in the Event that a Complainant Establishes Rights to and Legitimate Interests in the Registered Name. In the event that the Panel determines that a complainant may register a Personal Name (as defined in the Eligibility Requirements) that conflicts with your Defensive Registration, then the Panel shall exercise the remedies set forth in Paragraph 5(f)(ii).

    The "Eligibility Requirements" cited here are the requirements that the registrant be actually known by the personal name in question, and the remedies cited are to permit the name to be registered, and if it's the "third strike" against a defensive registration, to cancel the defensive registration.

    There's also a provision where the defensive registrant can grant permission for an individual to register a name within their protected space, and they're not allowed to demand money for this right; if they grant this, the registration is permitted but doesn't constitute a strike against the defensive registration.

    [ Reply to This | Parent ]

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