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Afilias SUNRISE POLICY Revived.
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As asked on the ICANN new TLD forum, what happens with someone who has already challenged? Is this change retroactive? If so, did the registrar-registrant contract allow for a unilateral retroactive modification? If not, wouldn't this have legal consequences? In fact, the already existing wording seemed to allow Afilias to do what they are doing without coming out with this new and improved version. What I find laughable is that the challenge speculators have ponied up their money to take a chance at names like business.info so both WIPO and Afilias are making additional money from the same name. How is this preferable to using a lottery, or an auction, or how is this is even distinguishable from such? Not that I'm in favor of sunrise for all new TLDs, but for those that use it, if this whole rigamarole is necessary after the fact, why not just do it properly in the first place? Is it because Afilias and registrars would then only get paid once for the name, and WIPO wouldn't get anything? No doubt even more companies would have put up $50k for a chance at running an ICANN TLD if they were aware they'd be allowed to sell a single name numerous times.
I'd reported earlier that the first .info WIPO sunrise challenge results were in, though incomplete and confusing. Although there have been updates and additions and changes, that still holds true. Where is the actual text of the decisions, as one can access with WIPO UDRP rulings? Well, perhaps we'll never see them. From my wording link above:
10. Center Decisions
(a)...The Center shall not be required to state reasons for its decision.
Secret rulings. More ICANN incrementalism. What's next? Military courts? -g
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we have booked for our client the domain Business.info and that too after confirming their TM details with the Local TM office.
I think the Afilias is going in right direction.
HenSan Net
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Does this mean that initial fraudulent registrants of generic names will get to keep them, or that names challenged by non-trademark-owners fall into the public domain, so that if I want one I need to make a fraudulent challenge and then have my buddy register the generic name as soon as the challenge succeeds? Or of course I could spend some real money do a quickie one-day trademark registration in some offshore jurisdiction if my challenge succeeded.
Peter Maggs
peter@maggs.info
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