29 Rights Protection Mechanisms
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As has been explained above, the Registry Operator HEXAP intends the
applied-for TLD to be a restricted and closely monitored gTLD. This
characteristics are mainly inspired by HEXAPʹs desire
to protect the reputation of the .MED TLD under any circumstances.
2. PREVENTING ABUSIVE DOMAIN NAME REGISTRATIONS
In order to prevent abusive domain name registrations in the applied-for
TLD, various steps in the domain name lifecycle will be controlled by HEXAP.
In order to enable HEXAP to do this, it will provide access to a control
panel (ʺportalʺ) to key individuals within HEXAPʹs organization. By way of
this portal, these users can exercise at any time control over the
applied-for TLD and any and all domain names registered in this extension,
and in particular:
1) validate on an ongoing basis the registrantʹs eligibility and user rights
in order to register domain names in the applied-for TLD;
2) validate whether a (about to be) registered domain name in the
applied-for TLD corresponds to the naming conventions that will be
established by the Registry Operator for domain names registered in the
3) validate contact information associated with registered domain names, in
particular these contacts that can exercise control over the domain name
itself, the name servers associated with such domain name, etc.;
4) validate specific commands, including create, update and delete commands;
5) approve for some or all domain names any transfer or trade requests, or
intervene in the execution of such requests where HEXAP suspects that
such transfer or trade requests are initiated in bad faith; and
6) review whether the use that is made of a particular domain name
corresponds with HEXAPʹs use policy, and suspend domain name
registrations or even delete name servers associated with domain names
that are being used in a manner that does not comply with the types of
uses that are allowed by HEXAP.
Therefore, it is likely that for the term of the Registry Operator Agreement
that will be executed between HEXAP and ICANN following award of the
applied-for TLD by the latter to HEXAP, the Registry Operator will carefully
monitor and manage all domain name registrations that are being made in the
This way, HEXAP will put measures in place on a continuous basis whereby,
first of all, the rights and legitimate interest of third parties are
safeguarded, and, secondly, the reputation and good name of the .MED TLD
will be underlined at all times.
3. INTERNAL VERIFICATION AND VALIDATION PROCESSES
One of the most effective safeguards that will be implemented by HEXAP will
be the screening of every domain name before this domain name gets
registered and⁄or entered into the zone file of the applied-for TLD.
During any of such screenings, the relevant legal and risk management
departments of HEXAP will consider the following factors:
- the likelihood of trademark infringement, if and when such domain name
would become registered;
- any potential harm being done to trademark owners when registering and
using a particular domain name in the applied-for TLD, and the benefit
such domain name would have for the registrant.
Furthermore, as explained above and in various other sections of this
application, HEXAP will be screening on an ongoing basis the use that is
being made of any domain name registered in the applied-for TLD and will
implement reasonable measures in order to avoid harm being done to third
Although the above processes will make it extremely unlikely that HEXAP will
engage or encourage potentially malicious or infringing activities to be
carried out under the applied-for TLD, these cannot be completely excluded.
Therefore, in addition to monitor any domain names registered under the
applied-for TLD and the use that is made of such domain names, the Registry
will - in accordance with its domain name registration policies - at all
times be entitled to intervene if any such activities have been detected.
Measures that can be taken include the suspension, revocation and blocking
of any domain name registration and, in general, take any action necessary
in order to limit or outright avoid any harm being done to the interests and
reputation of third parties, the Registry Operator and its eligible
When relevant, HEXAP will implement a Sunrise process, whereby holders of
certain trademarks will be entitled to safeguard the domain names that are
identical (or even confusingly similar) to the name(s) to which they hold
Such process would therefore most probably include providing the opportunity
to brand owners - unrelated to HEXAP - to register as .MED domain names or
block names to which such brand owners have rights, as demonstrated by the
HEXAPʹs back-end registry operator OPEN REGISTRY has significant experience
in managing Sunrise processes. In particular, various key staff members were
heavily involved in designing and implementing Sunrise processes that
preceded the launch of the .EU ccTLD, which is generally considered the most
successful Sunrise process that has ever been implemented.
At the time of submitting this application, the back-end registry operator
is involved in the implementation of the Sunrise process for the .SX TLD.
5. TRADEMARK CLAIMS
HEXAP will support ICANNʹs Trademark Claims process. Depending on the actual
process that will be put in place by the Trademark Clearinghouse, HEXAP will
implement these processes for at least the duration indicated in ICANNʹs
Applicant Guidebook or may even have this process in place for a longer
Similar processes have been put in place by various staff members of HEXAPʹs
back-end registry operator, so also here HEXAP can bow on significant and
hands-on experience in handling these types of processes.
6. COMPLAINTS POINT OF CONTACT
As is the case for various other processes and proceedings whereby third
partiesʹ interests can be harmed, the Complaints Point of Contact that will
be put in place by HEXAP will also here play a pivotal role.
Any party claiming that his trademark(s) are infringed due to the
registration and use of a domain name in the applied-for TLD is able to file
a complaint before the Complaints Point of Contact of HEXAP. Filing these
complaints will be free of charge. The Complaints Point of Contact will
generally provide a written response or even resolution of the matter within
5-10 business days following the receipt of the complaint.
Within this timeframe, the Complaints Point of Contact will investigate the
complaint, and carry out ex officio investigations. As mentioned previously,
the Complaints Point of Contact is entitled to suspend domain name
registrations, delete name servers associated with infringing domain name
registrations, or even outright revoke and block domain names from further
registration if the Complaints Point of Contact is of the opinion that such
domain name potentially infringes the rights of a third party, that no
legitimate use is being made by the registrant of such domain name, and that
there is bad faith involved.
It is the true desire of HEXAP to have potential issues resolved by the
Complaints Point of Contact. Therefore costly litigation can be avoided and
issues resolved amicably.
7. UDRP and URS
HEXAP will implement all domain name dispute resolution policies designed by
ICANN, including but not limited to those described in Consensus Policies
and Applicant Guidebook.
In this respect, HEXAP will put any registered domain name on hold following
receipt of a notification from the Uniform Dispute Resolution Policy or the
Uniform Rapid Suspension Policy dispute resolution service provider that a
complaint under such policies have been received.
Furthermore, it will implement decisions rendered by such dispute resolution
service providers, however taking into account at all times that eligibility
restrictions may be in force for domain name registrations made in the
This could entail that the only remedy available to a third party that is
not entitled by HEXAP to register domain names in the applied-for TLD will
be the revocation ⁄ deletion of the domain name. In order to ensure maximum
compliance with any such decision, HEXAP will put such domain name on a
blocked list (i.e. make this domain name unavailable for further
registration) insofar and to the extent the UDRP ⁄ URS dispute resolution
service provider was of the opinion that the domain name registered by any
party other than the Registry Operator meets the requirements set out in the
UDRP or URS.
8. RESOURCING PLAN
The Applicant foresees that less than 1 FTE resource will suffice in order
to oversee and execute the tasks described herein, in addition to the
technical and operational resources put at the disposal by OpenRegistry in
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