NeuLevel does *Not* have a Sunrise!
Date: Tuesday May 22 2001, @07:13AM
Topic: New gTLDs

Anonymous writes "According to this article in Wired, NeuLevel does *Not* have a Sunrise which grants trademark owners first right to the domain names. Instead, it has a claim service which lets the domain name owners decide for themselves whether there is possible infringement."

To which tbyfield adds: Well... NeuLevel's basic description of the service says: "The first step--the IP Claim Service--is available May 21-July 9 and is designed to help businesses protect their valuable intellectual property (IP)óbefore .biz registration begins." If it walks, talks, and quacks like a sunrise period, I'm less interested in the nomenclature than in the effect: privileging of "IP" claims over every other form of speech. But maybe IW readers see things differently.

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Re: NeuLevel does *Not* have a Sunrise!
by Grumpy on Tuesday May 22 2001, @08:14AM (#626)
User #2759 Info
The "duck test" doesn't fly here. If Neulevel had the sunrise policy preferred by INTA and other IP constituencies, it would allow TM owners to obtain vast numbers of domain names before the general public had a chance to apply. (See, e.g., the .info sunrise plan.)

Instead, Neulevel is allowing TM owners to warn domain name applicants about potential TM disputes involving .biz domain names. Even at $90 per claim, it's a reduction in transaction costs for both sides -- applicants have a chance to forego a potentially troublesome .biz application before getting caught in the UDRP (or its cousin STOP - the Neulevel land-rush UDRP). As Neulevel goes to great lengths to remind everyone, filing a TM claim is not an application for the corresponding domain name, nor does the presence of a TM claim enhance one's own application for the corresponding domain name.

Add to this the complete impotence of the STOP plan (how on earth does one prove bad faith registration, when there's no opportunity for the registrant to use the domain name to demonstrate that bad faith?), and it starts to look like Neulevel is fleecing TM owners in the name of "protection."

- Grumpy
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This article comes from ICANNWatch
http://www.icannwatch.org/

The URL for this story is:
http://www.icannwatch.org/article.pl?sid=01/05/22/111344