Back

29 Rights Protection Mechanisms

gTLDFull Legal NameE-mail suffixDetail
.physioPhysBiz Pty Ltdriseley.com.auView
We have engaged ARI Registry Services (ARI) to deliver services for this TLD. ARI provide registry services for a number of TLDs including the .au ccTLD. For more background information on ARI please see the attachment ‘Q29 – ARI Background & Roles.pdf’.

1 INTRODUCTION
This response is organised by first addressing the RPMs that we will apply during start-up of our TLD (sunrise and trademark claims service) and then by addressing the RPMs that we will apply on an ongoing basis (URS, UDRP and efforts to avoid infringement trademark infringement including implementation of and compliance with the Trademark PDDRP). Each measure is described and the technological and contractual steps needed for its implementation are identified.

The abusive behaviour primarily targeted by these RPMs is cybersquatting, which is the registration of names constituting trademarks by registrants lacking rights in such trademarks. Cybersquatting is one of the many forms of abuse we will seek to minimise in our TLD. Our approach to combating abusive behaviours other than cybersquatting is described in our response to Question 28. Some overlap between the responses to Questions 28 and Question 29 is inherent because the prevention of cybersquatting can also serve to minimise other abusive behaviours such as phishing and pharming. By implementing the RPMs discussed below we thus aim to minimise not only cybersquatting but also some of the abusive behaviours identified in the response to Question 28. The registration policy of our TLD is described in our response to Question 18.

We acknowledge that the legal rights protected by ICANN-mandated RPMs are limited to trademarks. Different RPMs define the scope of protectable trademarks slightly differently; we therefore clearly identify the scope of protectable marks as respects each RPM.

In addition to the RPMs mandated by the Applicant Guidebook, we have also adopted certain requirements proposed in the ‘2011 Proposed Security, Stability and Resiliency Requirements for Financial TLDs’ (at http:⁄⁄www.icann.org⁄en⁄news⁄correspondence⁄aba-bits-to-beckstrom-crocker-20dec11-en.pdf) (the ‘BITS Requirements). We acknowledge that these requirements were developed by the financial services sector in relation to financial TLDs, but nevertheless believe that their adoption in this TLD (which is not financial-related) results in a more robust approach to combating abuse.

In particular, we will adopt the following:
Requirement 6: we will certify annually to ICANN our compliance with our Registry Agreement.
Requirement 8: we will provide and maintain valid primary contact information (name, email address, and phone number) on our registry website.
Requirement 10: we will re-validate our Registry-Registrar Agreements at least annually.
Requirement 13: we will notify Registrars immediately regarding any RPM investigation or compliance action including the nature of the investigation or compliance action by ICANN or any outside party (eg, law enforcement etc).

We will additionally require through our Registry-Registrar Agreement (RRA) that Registrars comply with the following:
Requirement 7: Registrars must certify annually to ICANN their compliance with ICANN’s Registrar Accreditation Agreement (RAA).
Requirement 9: Registrars must provide and maintain valid primary contact information (name, email address, and phone number) on their website.
Requirement 19: Registrars must disclose registration requirements on their website.

2 START-UP RPMS
Below we identify our start-up RPM timeline and describe our implementation of:
– A sunrise period.
– The trademark claims service (‘TM claims service’) during a landrush period.

2.1 START-UP RPMS TIMELINE
The timeline for start-up RPMs in our TLD is as follows:
Day 1: Single sunrise round opens
Day 30: Sunrise round closes
Day 31: Sunrise allocation begins
Day 40: Landrush (including TM claims service) opens
Day 100: Landrush closes
Day 101: Landrush allocation begins
Day 110: General availability begins

2.2 SUNRISE REGISTRATION SERVICE
Our sunrise will provide trademark holders with a 30-day priority period in which to register their trademarks as domain names.
The following stakeholders are involved in implementation of the sunrise registration service:
– TMCH Service Provider⁄s
– Trademark owner prospective domain name registrants
– Registrars
– Registry operator
– Auction provider
The role played by these stakeholders is described below by reference to:
– A summary of our Sunrise Policy and Sunrise Dispute Resolution Policy (SDRP)
– Our Sunrise Implementation Plan
– Our SDRP Implementation Plan
– Our implementation of sunrise and SDRP through contractual relationships

2.2.1 SUNRISE POLICY SUMMARY AND SDRP SUMMARY
Through our Sunrise Policy we will offer a single, 30-day sunrise round in which trademark holders satisfying (i), (iii) and (iv) of the Sunrise Eligibility Requirements (SERs) and any general eligibility requirements (as identified in our response to Question 18) proposed in the Applicant Guidebook at Trademark Clearinghouse s6.2.3 will be eligible to apply for a domain name. Our Sunrise Policy will specify that applications satisfying the SERs received by a Registrar within the 30-day sunrise period will be accepted for participation in the sunrise. This will be the first opportunity for registration in our TLD.

Our Sunrise Policy will mandate that the trademarks upon which sunrise applications are based must fall within s7.2 of the Applicant Guidebook (Trademark Clearinghouse) and be supported by an entry in the TMCH.

Consistent with Requirement 2 of the BITS Requirements, our Sunrise Policy will describe how we will allocate domain names applied for during the sunrise period, as follows: allocation will start at the end of the 30-day sunrise period. Where only one validated application is received for a domain name, that domain will be allocated to the applicant during the 10-day period between the close of the sunrise applications period and start of the landrush. Where multiple validated applications are received for a domain name, applicants will be invited to participate in an auction to determine the party to which the domain will be allocated. Our Sunrise Policy will specify that by making a sunrise application (or, where relevant, by agreeing to participate in an auction), the applicant agrees to purchase the domain if it is allocated to the applicant. Domain names registered during the sunrise period will have a term of one year from the date of registration.

We will adopt an SDRP to allow any party to raise a challenge on the four grounds identified in the Applicant Guidebook at Trademark Clearinghouse, s6.2.4. The remedy will be cancellation or deletion of a successfully challenged domain. All registrants will be required to submit to proceedings under the SDRP. Our SDRP will specify that SDRP claims may be raised after registration of a sunrise domain and will require that complaints clearly identify the challenger, the challenged domain, and the ground⁄s on which the complaint is based.

If a TMCH service provider is not able to receive challenges directly as part of its undertaking to ‘maintain the SERs, validate and authenticate marks, as applicable, and hear challenges’ (Applicant Guidebook at Trademark Clearinghouse, s6.2.5), ARI will receive SDRP challenges and communicate these to the SDRP provider.

2.2.2 IMPLEMENTATION
Our Sunrise and SDRP Implementation Plan are set out below followed by a description of the implementation that will take place through contractual relationships.

2.2.2.1 SUNRISE IMPLEMENTATION PLAN
1. Prior to or during our 30-day sunrise period, trademark holders can apply for validation of marks by the TMCH and inclusion of validated marks in the TMCH database.
2. ARI will develop a website and make available on that website our Sunrise Policy and SDRP.
3. A trademark holder warranting satisfaction of the SERs in our Sunrise Policy (as described above) will submit to an ICANN-accredited Registrar its application to register a domain corresponding to its TMCH entry with evidence of the TMCH entry. A non-refundable sunrise application⁄validation fee will be payable by the applicant to the Registrar on submitting the application.
4. Registrars will be required through our RRA to communicate sunrise application information to ARI. On receipt of this information, ARI will charge the sunrise application⁄validation fee to the submitting Registrar.
5. ARI will perform standard checks (including IDN validity checks where relevant, reserved and restricted words in accordance with the Registry Agreement, composition requirements, etc) to ensure that the domain being applied for is technically valid; an error message will be returned to the Registrar if the domain fails any of these checks. If the domain passes these checks, ARI will hold the application for allocation.
6. Allocation will commence upon conclusion of the 30-day sunrise period. As an initial step, ARI will compile a list of applied-for names and reserve these from registration in landrush and general availability.
7. Through an interface with the TMCH, ARI will identify all sunrise applications constituting an ‘Identical Match’ (as defined in the Applicant Guidebook at Trademark Clearinghouse s6.1.5) with a TMCH entry and provide notice to the holders of those marks of the filing of a corresponding sunrise application.
8. Where a single application exists for a particular domain, between the end of the sunrise application period and start of the landrush period ARI will enable the sponsoring Registrar to CREATE (using EPP or the SRS web interface) the domain and charge the sunrise registration fee to the Registrar, who will collect this fee from the registrant.
9. Where multiple sunrise applications exist for an identical domain name, ARI will compile and communicate to a third-party auction services provider a list of competing applicants, who will be invited to participate in an auction.
10. The auction services provider will facilitate the auction process and upon its completion will notify all participants of the outcome and collect the auction payment from the winning participant.
11. Upon payment of the auction bid, the auction services provider will communicate to ARI the details of the winning auction participant and submit the revenue collected to ARI.
12. ARI will validate the communication from the auction services provider and enable the sponsoring Registrar to CREATE (using EPP or the SRS web interface) the domain name. ARI will charge the sunrise registration fee to the auction winner’s Registrar, who will collect this fee from the registrant.

2.2.2.2 SDRP IMPLEMENTATION PLAN
1. If a TMCH service provider is not able to directly receive complaints under our SDRP, we will specify in our SDRP the email address to which SDRP filings must be sent. This email address will be monitored by ARI’s Abuse and Compliance Team.
2. ARI will develop a process of manual or automatic interface with the TMCH to communicate the SERs and any SDRP challenges received by ARI. This interface will also enable the TMCH Service Provider to notify ARI of successful SDRP challenges.
3. Upon notification from a TMCH service provider of a successful SDRP challenge, ARI will cancel or delete the successfully challenged domain.

2.2.2.3 IMPLEMENTATION THROUGH CONTRACTUAL RELATIONSHIPS
The following features of the Sunrise and SDRP implementation plan described above will be executed by inclusion of corresponding clauses in our RRA, which will require inclusion in Registrars’ Registration Agreements:
– By making a sunrise application (or, where relevant, by agreeing to participate in an auction), applicant agrees to purchase the domain name if that name is allocated to the applicant.
– The sunrise application fee is non-refundable.
– All sunrise applicants must submit to proceedings under the SDRP.

2.3 TM CLAIMS SERVICE DURING LANDRUSH
Ten days after the day that sunrise allocations begin, a 60-day landrush period will commence during which we will offer the TM claims service. This is a service whereby prospective domain name registrants receive notice of existing trademark rights matching their applied-for domain and trademark owners receive notice of domain name registrations matching their trademark. In accordance with the Applicant Guidebook, our TM claims service will be supported exclusively by the TMCH and will recognise and honour all word marks falling within the Applicant Guidebook at Trademark Clearinghouse s7.1.

The following stakeholders are involved in implementation of the TM claims service:
– TMCH Service Provider⁄s
– Trademark owners
– Landrush domain name applicants
– Landrush domain name registrants
– Registrars
– Registry operator

The role played by these stakeholders is described below by reference to:
– Our Landrush⁄TM Claims Service Implementation Plan
– Our implementation of Landrush⁄TM Claims Service through contractual relationships

Consistent with Requirement 2 of the BITS Requirements, the Landrush⁄TM Claims Service Implementation Plan identifies how we will allocate domain names applied for during the landrush.

2.3.1 IMPLEMENTATION
Our Landrush⁄TM Claims Service Implementation Plan is set out below followed by a description of the implementation that will take place through contractual relationships.

2.3.1.1 LANDRUSH⁄TM CLAIMS SERVICE IMPLEMENTATION PLAN
1. Prior to or during our 60-day landrush period trademark holders can apply for validation of their marks by the TMCH and inclusion of validated marks in the TMCH database. This will enable provision of notice to landrush applicants of entries in the TMCH and provision of notice to trademark holders of registrations matching TMCH entries (how and by whom this will be achieved is detailed in subsequent steps of this implementation plan).
2. An applicant warranting compliance with the registration policies in this TLD (as described in our response to Question 18) will make an application to an ICANN-accredited Registrar for a domain name during the 60-day landrush period. A non-refundable landrush application⁄validation fee will be payable by the applicant to the Registrar on submitting the application.
3. Registrars will be required through our RRA to communicate landrush application information to ARI. On receipt of this information, ARI will charge the landrush application⁄validation fee to the submitting Registrar.
4. Registrars will be required through our RRA to interface with the TMCH to determine whether an applied-for domain constitutes an ‘Identical Match’ with a mark in the TMCH. If an ‘Identical Match’ is identified, the Registrar will provide to the landrush applicant a TM Claims Notice in the form prescribed by the Applicant Guidebook. Following receipt of this notice a landrush applicant must communicate to the Registrar its decision either to proceed with or abandon the application. If the applied-for name does not constitute an ‘Identical Match’ with a trademark in the TMCH, no TM Claims Notice will be generated.
5. ARI will utilise the manual or automatic interface it establishes for implementation of the SDRP (described above in ‘Implementation Plan’) to facilitate reporting by the TMCH of attempts to register domains that are an ‘Identical Match’ with a trademark (within the scope of the Applicant Guidebook at Trademark Clearinghouse s7.1) in the TMCH database.
6. ARI will perform standard checks (including IDN validity checks where relevant, reserved and restricted words in accordance with the Registry Agreement, composition requirements, etc) on all landrush applications (irrespective of whether they have generated a TM Claims Notice) to ensure that the domain being applied for is technically valid and an error message will be returned to the Registrar if the domain fails any of these checks. If the domain passes these checks, ARI will hold the application for allocation.
7. Allocation of landrush applications will commence on conclusion of the 60-day landrush application period. Where a single landrush application exists for a particular domain, between the end of the landrush application period and start of general availability, ARI will enable the sponsoring Registrar to CREATE (using EPP or the SRS web interface) the domain and charge the landrush registration fee to the Registrar, who will collect this fee from the registrant.
8. Where multiple landrush applications exist for an identical domain, ARI will compile and communicate to a third-party auction services provider a list of competing applicants, who will be invited to participate in an auction for the domain name.
9. The auction services provider will facilitate the auction process and on its completion will notify all participants of the outcome and collect payment from the winning participant.
10. Upon payment of the auction bid the auction services provider will communicate to ARI the details of the winning participant and will submit the revenue collected to ARI.
11. ARI will validate the communication from the auction services provider and enable the auction winner’s Registrar to CREATE (using EPP or the SRS web interface) the domain name. ARI will charge the landrush registration fee to the Registrar, who will collect this fee from the registrant.
12. The Registrar will be required through our RRA to interface with the TMCH to promptly notify relevant mark holders of the registration of a domain constituting an ‘Identical Match’ to their TMCH entry.
13. Ten days after the start of the landrush allocation period, general availability of domain names (at first-come, first-served allocation) will commence.

2.3.1.2 IMPLEMENTATION THROUGH CONTRACTUAL RELATIONSHIPS
The following features of our Landrush⁄TM Claims Service Implementation Plan described above will additionally be executed by the inclusion of corresponding clauses in our RRA:
– Registrars must use the TMCH as required by ICANN and the TMCH Service Provider⁄s.
– Registrars must not in their provision of the TM Claims Service make use of any trademark information aggregation, notification or validation service other than the TMCH.
– In order to prevent a chilling effect on registration, Registrars must ensure that landrush applicants are not prevented from registering domains considered an ‘Identical Match’ with a mark in the TMCH.
– Registrars must provide clear notice in the specific form provided by the Applicant Guidebook to the prospective registrant of relevant entries in the TMCH.
– The landrush application fee is non-refundable. Registrars must also include this in their Registration Agreements.

3 ONGOING RPMS
Below we describe the way in which we will implement on an ongoing basis the URS and UDRP and address issues related to the Trademark PDDRP. These RPMs serve to mitigate not only cybersquatting but other types of abuse that frequently occur in conjunction with cybersquatting, such as phishing and pharming.

3.1 URS
The URS is a new RPM the implementation of which is mandated in all new gTLDs. The URS is targeted at providing a rapid takedown solution to clear-cut cases of cybersquatting. It is intended to have a deterrent effect and reduce the number of UDRP disputes.
The URS is intended to supplement and not replace the UDRP, and the Applicant Guidebook foreshadows (at URS ss8.6 and 13) the likelihood of URS claimants also commencing UDRP claims. For this reason, we have considered in our URS Implementation Plan the potential interaction between URS stakeholders and UDRP stakeholders.
The following stakeholders are involved in implementation of the URS:
– URS claimants (holders of valid and enforceable trade or service marks)
– Registrants
– Registrars
– Registry operator
– URS provider⁄s
– URS Examiner

The role played by these stakeholders is described below by reference to:
– Our URS Implementation Plan
– Our implementation of the URS through contractual relationships

Our URS Implementation Plan identifies certain aspects of implementation that are not clearly addressed in the Applicant Guidebook. For example, the Guidebook does not specify how, from an operational perspective, suspension of a domain name will transform to another domain name status (eg the transfer of a domain following a successful UDRP challenge); we assume that such a status change would only occur upon expiry of the registration, but acknowledge the potential for further development of URS policy to allow for change of status as a result of a subsequent UDRP decision.

In addition to identifying such gaps, our URS Implementation Plan identifies our proposed method of addressing these. Furthermore, understanding that a fundamental aim of the URS is expediency, all of the steps in our Implementation Plan below will be undertaken as soon as practical but without compromising security or accuracy.

3.1.1 IMPLEMENTATION
Our URS Implementation Plan is set out below followed by a description of the implementation that will take place through contractual relationships.

3.1.1.1 URS IMPLEMENTATION PLAN
1. As an initial step, ARI will notify to each URS provider an email address for all URS-related correspondence. On an ongoing basis, ARI’s Abuse and Compliance Team will monitor this address for communications from URS providers, including the Notice of Complaint, Notice of Default, URS Determination, Notice of Appeal and Appeal Panel Findings.
2. ARI will validate correspondence from a URS provider to ensure that it originates from the URS Provider.
3. ARI will within 24 hours of receipt of a URS Notice of Complaint lock the domain name⁄s the subject of complaint by restricting all changes to the registration data, including transfer and deletion of the domain. The domain will continue to resolve while in this locked status.
4. ARI will immediately notify the URS provider in the manner requested by the URS provider once the domain name⁄s have been locked.
5. Upon receipt of a favourable URS Determination ARI will lock the domain name the subject of the Determination for the balance of the registration period and redirect the nameservers to an informational web page provided by the URS provider. While a domain name is locked, ARI will continue to display all of the WhoIs information of the original registrant except for the redirection of the nameservers and (subject to future policy development taking into account the transfer of a URS-locked domain name following a successful UDRP challenge) the additional statement that the domain will not be able to be transferred, deleted or modified for the life of the registration.
6. Upon receipt of notification from the URS provider of termination of a URS proceeding ARI will promptly unlock the domain and return full control to the registrant.
7. Where a default has occurred (because a registrant has not submitted an answer to a URS complaint in accordance with the Applicant Guidebook at URS s6.1) and a Determination has been made in favour of the complainant, in the event that ARI receives notice from a URS provider that a Response has been filed in accordance with the Applicant Guidebook at URS s6.4, ARI will as soon as practical restore a domain to resolve to the original IP address while preserving its locked status until a Determination from de novo review is notified to ARI.
8. ARI will ensure that no changes are made to the resolution of a registration the subject of a successful URS Determination until expiry of the registration or the additional registration year unless otherwise instructed by UDRP provider.
9. ARI will make available to successful URS complainants an optional extension of the registration period for one additional year at commercial rates. We understand that this requirement has been based on the provision in the Expired Domain Deletion Policy (3.7.5.7 of the 2009 RAA), under which there is no requirement of notification to the complainant that a name is due to expire. From this we conclude that there is likewise no requirement in the operation of our TLD that ARI notify a successful URS complainant that a name is due to expire.
10. The Applicant Guidebook specifies that renewal must be offered ‘at commercial rates’ but it does not specify how and to whom payment for renewal should be made. If payment is to be made to a stakeholder other than the registry operator, it is not clear how this will be received by the registry operator. ARI’s Abuse and Compliance Team will be prepared and have the expertise and flexibility necessary to develop the technical and financial interfaces necessary to facilitate the receipt of renewal fees by ARI.

3.1.1.2 IMPLEMENTATION OF THE URS THROUGH CONTRACTUAL RELATIONSHIPS
The following features of our URS Implementation Plan described above will be executed by inclusion of corresponding clauses in our RRA:
– In the event that a registrant does not submit an answer to a URS complaint in accordance with the Applicant Guidebook at URS s6.1 (default), Registrars must prevent registrants from making changes to the WhoIs information of a registration while it is in default.
– Registrars must prevent changes to a domain it is in locked status to ensure that both the Registrar’s systems and registry’s systems contain the same information for the locked domain.
– Registrars must not take any action relating to a URS proceeding except as in accordance with a validated communication from ARI or URS provider.

3.2 UDRP
The UDRP is applicable to domain name registrations in all new gTLDs. It is available to parties with rights in valid and enforceable trade or service marks and is actionable on proof of all of the following three grounds:
i. The registrant’s domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
ii. The registrant has no rights or legitimate interests in respect of the domain name.
iii. The registrant’s domain name has been registered and is being used in bad faith.

Available remedies are cancellation of a domain or transfer of a domain to a successful UDRP claimant.
The following stakeholders are involved in implementation of the UDRP:
– UDRP claimants
– Registrants
– Registrar
– Registry operator
– UDRP providers

The role played by these stakeholders is described below by reference to:
– Our UDRP Implementation Plan
– Our implementation of the UDRP through contractual relationships

Our UDRP Implementation Plan considers the potential overlap between URS implementation and UDRP implementation because we consider it likely that URS complainants may commence UDRP claims as a second recourse or simultaneously. We note that neither policy prohibits complainants from commencing proceedings simultaneously.

3.2.1 IMPLEMENTATION
Our UDRP Implementation Plan is set out below followed by a description of the implementation that will take place through contractual relationships.

3.2.1.1 UDRP IMPLEMENTATION PLAN
Our UDRP Implementation Plan focuses on interaction with Registrars because there is currently no interaction between existing gTLD registry operators and UDRP providers. On this basis we anticipate ARI has two responsibilities to facilitate Registrars’ implementation of the UDRP.
1. ARI’s Development Team (as described in ‘4 RESOURCES’) will maintain awareness of UDRP requirements and be capable of taking action when required and sufficiently skilled and flexible to respond to any changes to UDRP policy.
2. ARI will provide EPP and the SRS web interface to enable Registrars to perform required UDRP functions in accordance with the Policy on Transfer of Registrations between Registrars.

3.2.1.2 IMPLEMENTATION OF THE UDRP THROUGH CONTRACTUAL RELATIONSHIPS
The UDRP is applicable to domain name registrations in all new gTLDs by force of a contractual obligation (Registry Agreement Art. 2.9) on registry operators to use only ICANN-accredited Registrars, who in turn are contractually required (RAA, 21 May 2009, at s3.8) to incorporate the UDRP in their Registration Agreements.

3.3 PREVENTING TRADEMARK INFRINGEMENT IN OPERATING THE REGISTRY
We take seriously our responsibilities in running a registry and understand that while offering a sunrise registration service and TM Claims Service during start-up of our TLD and the URS and UDRP on an ongoing basis serves to minimise abuse, this does not necessarily serve to minimise trademark infringement in our operation of the TLD. This responsibility is now clearly placed on registry operators through the new Trademark PDDRP, which targets infringement arising from the registry operator’s manner of operation or use of its TLD.

While we will as required by the Registry Agreement agree to participate in all Trademark PDDRP procedures and be bound by resulting determinations, we will also have in place procedures to identify and address potential conflicts before they escalate to the stage of a Trademark PDDRP claim.

The following stakeholders are involved in our implementation of measures to prevent trademark infringement in operation of the TLD:
– Trademark holders
– Registry operator
– Trademark PDDRP provider⁄s

The role played by these stakeholders is described below by reference to:
– Our Trademark PDDRP Implementation Plan
– Our implementation of our Trademark PDDRP through contractual relationships

3.3.1 IMPLEMENTATION
Our Trademark PDDRP Implementation Plan is set out below followed by a description of the implementation that will take place through contractual relationships.

3.3.1.1 TRADEMARK PDDRP IMPLEMENTATION PLAN
1. ARI will notify to the Trademark PDDRP provider⁄s contact details for all communications regarding the Trademark PDDRP.
2. As described in our response to Question 28, ARI will publish our Anti-Abuse Policy on a website dedicated to abuse handling in our TLD. Consistent with Requirement 8 of the BITS Requirements, this website will include information necessary to enable trademark holders to raise concerns regarding infringement of their trademarks and resultant harm caused by our operation or use of our TLD.
3. Using the single abuse point of contact (SAPOC) discussed in our response to Question 28, a complainant can notify ARI’s Service Desk of its belief that one or more of its marks have been infringed and harm caused by our operation or use of our TLD. The complainant will be required to provide the following information:
– Name of the complainant
– Contact details
– Trademark name
– Jurisdiction
– Registration date
– Registration number
– Nature of entitlement to trademark
– Explanation of why complainant believes that its mark has been infringed and harm caused by our operation or use of the TLD
4. ARI’s Service Desk will receive complaints submitted through the SAPOC on a 24⁄7 basis and generate a ticket in ARI’s case management system (CMS). The details of the complaint (which will at a minimum include the information above) will be documented using a standard information gathering template and forwarded to ARI’s Abuse and Compliance Team.
5. Upon receipt of a complaint, the Abuse and Compliance Team will conduct a preliminary assessment to ensure that a complaint is not spurious. If it is determined that a complaint is not spurious, a member of the team will use the contact details provided in the complaint to acknowledge receipt of the complaint and commence investigation of the subject matter of the complaint and good faith negotiations with the complainant in accordance with the Applicant Guidebook at Trademark PDDRP s7.2.3(d). The results of this preliminary assessment and subsequent actions taken will be recorded against the CMS ticket.
6. On an ongoing basis, ARI’s Abuse and Compliance Team will monitor the email address notified to the Trademark PDDRP provider⁄s for all communications from the Trademark PDDRP provider, including threshold determination, Trademark PDDRP complaint, complainant’s reply, notice of default, expert panel determination, notice of appeal and determination of an appeal panel.
7. In the event that a complaint cannot be resolved and a Trademark PDDRP claim is made, ARI’s Abuse and Compliance Team will do the following:
– File a response to the complaint in accordance with the Applicant Guidebook at Trademark PDDRP s10 thus avoiding (whenever possible) default.
– Where appropriate, undertake discovery in compliance with the Applicant Guidebook at Trademark PDDRP s15, attend hearings raised under s16 if required, and gather evidence in compliance with ss20.5 and 20.6.
8. ARI’s Abuse and Compliance Team will upon notification of an Expert Panel finding in favour of the Claimant (Applicant Guidebook at Trademark PDDRP s14.3), reimburse the Claimant.
9. ARI will implement any remedial measures recommended by the expert panel pursuant to the Applicant Guidebook at Trademark PDDRP s18.3.1 and take all steps necessary to cure violations found by the expert panel (s18.3.2) and notified by ICANN (s21.3).

3.3.2 IMPLEMENTATION OF TRADEMARK PDDRP THROUGH CONTRACTUAL RELATIONSHIPS
All new gTLD registry operators are bound to comply with the Trademark PDDRP by Specification 7, cl 2 of the Registry Agreement. In accordance with Requirement 6 of the BITS Requirements, we will certify annually to ICANN our compliance with our Registry Agreement.

4 RESOURCES
ARI’s abuse services are supported by the following departments:
– Abuse and Compliance Team (6 staff)
– Development Team (11 staff)
– Service Desk (14 staff)

A detailed list of the departments, roles and responsibilities in ARI is provided as attachment ‘Q29 – ARI Background & Roles.pdf’. This attachment describes the functions of these teams and the exact number and nature of staff within.
The number of resources required to design, build, operate and support the SRS does not vary significantly with, and is not linearly proportional to, the number or size of TLDs that ARI provides registry services to.

ARI provides registry backend services to 5 TLDs and has a wealth of experience in estimating the number of resources required to support a registry system. Based on past experience ARI estimates that the existing staff is adequate to support a registry system that supports in excess of 50M domains. Since this TLD projects 3,750 domains, 0.01% of these resources are allocated to this TLD. See attachment ‘Q29 – Registry Scale Estimates & Resource Allocation.xlsx’ for more information.

ARI protects against loss of critical staff by employing multiple people in each role. Staff members have a primary role plus a secondary role for protection against personnel absence. Additionally ARI can scale resources as required.
The measures described in the context of the responses to Question 28 and Question 29 – which serve to prevent and mitigate abusive behaviour in the TLD as well as activities that may infringe trademarks – will be implemented and managed by ARI on our behalf. These responsibilities will be undertaken by two teams. ARI’s Development Team will be responsible for developing the technical platforms and meeting technical requirements needed to implement the RPMs discussed above. ARI’s Abuse and Compliance Team will be responsible for the ongoing operations of measures to minimise abusive registrations and other activities that affect trademark rights recognised through RPMs. ARI’s Service Desk will be responsible for responding to reports of trademark infringement received through the abuse point of contact on the Registry’s website and logging these in a ticket in ARI’s case management system.

The responsibilities of these teams relevant to the initial implementation and ongoing maintenance for our measures to minimise the potential in our TLD for abuse not specifically affecting trademark rights are described in our response to Question 28.

All of the responsibilities undertaken by ARI’s Development Team, Abuse and Compliance Team, and Service Desk are inclusive in ARI’s Managed TLD Registry services fee, which is accounted for as an outsourcing cost in our response to Question 47. The resource needs of these teams have been determined by applying the conservative growth projections for our TLD (as identified in our response to Question 48) to the teams’ responsibilities at startup and on an ongoing basis.

4.1 ARI DEVELOPMENT TEAM
All tools and systems used for the transmission and receipt of information related to RPMs will be developed and maintained by ARI. ARI has a Development Team dedicated to this purpose which will ensure that the tools are fit for purpose and adjusted as requirements change.

ARI will ensure that systems and tools will be compliant with the appropriate processes for dealing with Registrars, the TMCH, URS and Trademark PDDRP providers as these processes are defined. ARI has been and will remain active in the formulating of these processes, using its resources to remain current with the approved measures for exchange of any material relevant to RPMs, whether during sunrise, landrush or on an ongoing basis. This team consists of:
– 1 Development Manager
– 2 Business Analysts
– 6 Developers
– 2 Quality Analysts

4.2 ARI ABUSE AND COMPLIANCE TEAM
ARI’s Abuse and Compliance Team will be staffed by five full-time equivalent positions:
– 4 Policy Compliance Officers
– 1 Legal Manager

Policy Compliance Officers will be responsible for managing sunrise and landrush applications, supporting the SDRP, TM Claims Service, URS, UDRP and Trademark PDDRP, managing communications with the TMCH, receiving, assessing and managing trademark infringement complaints received through the single abuse point of contact, escalating complaints and issues to the Legal Manager when necessary and communicating with all relevant stakeholders (Registrars, registrants, trademark holders, general public) as needed in fulfilling these responsibilities. This role will be provided on a 24⁄7 basis supported outside of ordinary business hours by ARI’s Service Desk. Policy Compliance Officers will be required to have the following skills⁄qualifications: customer service⁄fault handling experience, complete knowledge of all RPMs offered by the TLD and related policies, Internet industry knowledge, relevant post-secondary qualification, excellent communication and professional skills, accurate data entry skills, high-level problem solving skills, and high-level computer skills.

The Legal Manager will be responsible for handling all potential disputes arising in connection with RPMs and related policies. This will involve assessing complaints and issues, liaising with legal counsel and management, resolving disputes and communicating with all relevant stakeholders (Registrars, registrants, trademark holders, general public) as needed in fulfilling these responsibilities. The Legal Manager will be required to have the following skills⁄qualifications: legal background (in particular, intellectual property⁄information technology law) or experience with relevant tertiary or post-graduate qualifications, dispute resolution experience, Internet industry experience, excellent communication, negotiation, problem solving and professional skills and good computer skills.
For more information on the skills and responsibilities of these roles, please see the in-depth resources section in response to Question 31.
Based on the projections and the experience of ARI, the resources described here are more than sufficient to accommodate the needs of this TLD.
The use of these resources and the services they enable is included in the fees paid to ARI, which are described in response to Question 47.
gTLDFull Legal NameE-mail suffixDetail
.catholicPontificium Consilium de Comunicationibus Socialibus (PCCS) (Pontifical Council for Social Communication)pccs.vaView
1 INTRODUCTION
Rights protection is a core objective of this TLD, facilitated by its planned operating model and well-developed rights protection mechanism (RPM) implementation plans. The PCCS’s commitment to minimising abuse in the TLD is further demonstrated by the adoption of relevant requirements proposed in the “2011 Proposed Security, Stability and Resiliency Requirements for Financial TLDs” [http:⁄⁄www.icann.org⁄en⁄news⁄correspondence⁄aba-bits-to-beckstrom-crocker-20dec11-en.pdf] (the “BITS Requirements”). The PCCS acknowledges that these requirements were developed by the financial services sector in relation to financial TLDs, but nevertheless believes that their adoption in this TLD (which is not financial-related) results in a more robust approach to combating abuse. Particular BITS Requirements are noted where relevant throughout this response.
The clear benefits of eligibility, naming and use restrictions as means of preventing and mitigating abusive behaviour have been recognised by the financial services sector, captured in Requirements 1, 3 and 4 of the BITS Requirements. The eligibility, naming and use restrictions in this TLD are described in the response to Question 20. These will be enforced at the time of registration through the internal processes described in the response to Question 28. These processes will ensure that multiple applications for the same name are not made, thus addressing Requirement 2 of the BITS Requirements. This robust policy and procedure framework, which will be continually improved, updated and rigidly enforced, will preclude abusive registrations from being made.
The abuse primarily targeted by RPMs is cybersquatting, which is the registration of domain names constituting trademarks by registrants lacking rights in such marks. Different RPMs define the scope of protectable trademarks slightly differently; the scope of protectable marks as respects each RPM is therefore clearly identified in the implementation plans below. Cybersquatting is one of the many forms of abuse the PCCS seeks to minimise in this TLD. The PCCS’s approach to combating other forms of abusive behaviour is described in the response to Question 28. Some overlap between the responses to Questions 28 and 29 is inherent because the prevention of abuse affecting trademark rights can also serve to minimise other abusive behaviours such as phishing and pharming. By implementing RPMs, the PCCS thus aims also to minimise abuse as identified in the response to Question 28.
For clarification, for the purposes of this response:
– References to the Registry Operator are references to the applicant entity, the PCCS. The PCCS intends to request (pursuant to clause 6) an exemption from clause 1b of the Registry Operator Code of Conduct to enable the PCCS to register domain names in its own right in the .catholic TLD. Registrations will not be made commercially available. All domain names in the TLD will be registered to, and maintained by, the PCCS. The PCCS will not sell, distribute or transfer control or use of any registration in the TLD to any third party that is not an Affiliate (as that term is defined in Clause 2.9(c) of the Registry Agreement). The control inherent in this operating model will assist the PCCS in minimising abusive registrations and other activities that have a negative impact on Internet users.
– References to the Registry Services Provider are references to ARI Registry Services (ARI). The PCCS has engaged ARI to provide registry services for this TLD. ARI provide registry services for a number of TLDs including the .au ccTLD. Background information on ARI is provided in the attachment ‘Q29 – ARI Background & Roles.pdf’.
– References to a Registrar are references to an ICANN-accredited Registrar.

2 START-UP RPMs

This section identifies the start-up RPM timeline and describes implementation of:
– A sunrise registration service
– The TM Claims service

2.1 Start-up RPMs Timeline
The timeline for start-up RPMs in the .catholic TLD is as follows:
Day 1: Sunrise round opens
Day 30: Sunrise round closes
Day 31: Sunrise allocation period
Day 32: General registration begins, TM Claims service begins
Day 92: TM Claims service ends

2.2 Sunrise Registration Service
Sunrise provides trademark holders satisfying the eligibility restrictions of this TLD (as identified in the response to Question 20) with a 30-day priority period in which to register their marks as domain names. Due to these eligibility restrictions, applicants other than the PCCS will be precluded from registering, but holders of trademarks entered in the TMCH (TMCH) will have the benefit of notice of sunrise registrations constituting an “Identical Match” to their marks.
The following stakeholders are involved in implementation of the sunrise registration service:
– TMCH Service Provider⁄s
– Registrar⁄s
– PCCS
– Registry Services Provider
The role played by these stakeholders is described below with reference to:
– A summary of the Sunrise Policy and Sunrise Dispute Resolution Policy (SDRP)
– The Sunrise Implementation Plan
– The SDRP Implementation Plan
– Implementation of sunrise and SDRP through contractual relationships

2.2.1 Sunrise Policy Summary and SDRP Summary
The Sunrise Policy will offer a single, 30-day sunrise round in which trademark holders satisfying (i), (iii) and (iv) of the Sunrise Eligibility Requirements (SERs) in the Applicant Guidebook at TMCH s6.2.3 and the eligibility restrictions of the TLD (identified in the response to Question 20) will be entitled to apply for a domain name. This is the first opportunity for domain name registration in the TLD.
The Sunrise Policy will describe the sunrise framework, including the following:
– Applications received by a Registrar within the 30-day Sunrise Period and satisfying the SERs and general eligibility restrictions of the TLD will be accepted for sunrise participation;
– The trademarks upon which sunrise applications are based must fall within the Applicant Guidebook at TMCH s7.2 and be supported by an entry in the TMCH.
– Domains registered during sunrise will have a term of one year from the date of registration.
– Multiple applications for the same name will be resolved by the PCCS prior to application.
The PCCS will also adopt and submit to an SDRP which will incorporate the following:
– Claims may be raised against a domain applied for during sunrise on the four grounds identified in the Applicant Guidebook at TMCH s6.2.4.
– Complaints must clearly identify the challenger, challenged domain name, and ground⁄s upon which the complaint is based, and explain why the challenger believes that the ground⁄s are satisfied.
– The remedies available are cancellation or deletion of a successfully challenged domain.
If a TMCH service provider is unable to receive challenges directly as part of its undertaking to “maintain the SERs, validate and authenticate marks, as applicable, and hear challenges” (Applicant Guidebook at TMCH s6.2.5), the PCCS (or the Registry Services Provider on the PCCS’s behalf) will receive challenges and communicate these to the SDRP provider.

2.2.2 Sunrise Implementation Plan
1. Prior to or during the 30-day sunrise period, trademark holders can apply for validation of trademarks by the TMCH and inclusion of validated marks in the TMCH database.
2. The Registry Services Provider will develop a website to enable the Registry Operator to publish the Sunrise Policy and SDRP.
3. The PCCS’s Community Liaison Officers will submit applications to a Registrar for domain names corresponding to a TMCH entry with evidence of the corresponding TMCH entry. If additional information or evidence of identity is required for validation by the Registrar, this will also be provided with the application.
4. Pursuant to the PCCS’s Registry-Registrar Agreement (RRA), the Registrar will be required to validate the registrant’s identity and communicate sunrise application information to the Registry Services Provider.
5. The Registry Services Provider will perform standard checks (including IDN validity checks where relevant, reserved and restricted words in accordance with the Registry Agreement, composition requirements, etc) to ensure that the domain applied for is technically valid; an error message will be returned to the Registrar if the domain fails any of these checks.
6. Through an interface with the TMCH, the Registry Services Provider will identify all sunrise applications constituting an “Identical Match” (as defined in the Applicant Guidebook at TMCH s6.1.5) with a TMCH entry and provide notice to the holders of those trademarks of the filing of a corresponding sunrise registration.
7. A one-day allocation period will occur after the sunrise period closes. Compliance with internal processes will ensure that multiple applications are not made for the same name. The Registry Services Provider will enable the Registrar to CREATE (using EPP or the SRS web interface) technically valid domain names.

2.2.3 SDRP Implementation Plan
1. The SDRP will specify an email address to which SDRP filings must be sent if a TMCH service provider is not able to directly receive SDRP complaints. This address will be monitored by the Registry Operator.
2. The Registry Services Provider will develop a process of manual or automatic interface with the TMCH to communicate the SERs and any SDRP challenges received by the Registry Operator. This interface will also enable the TMCH service provider to notify the Registry Operator of successful SDRP challenges.
3. On notification from a TMCH service provider of a successful SDRP challenge, the Registry Services Provider will cancel or delete the domain name the subject of the successful challenge.

2.2.4 Implementation of Sunrise and SDRP through Contractual Relationships
The responsibilities of the Registry Services Provider described above regarding implementation of the Sunrise Policy and SDRP are in accordance with the managed registry services agreement between the PCCS and the Registry Services Provider.

2.3 TM Claims Service
Immediately following the one-day sunrise allocation period, a 60-day period will commence during which the TM Claims service will be offered. This is a service whereby domain name applicants receive notice of existing trademarks matching their applied-for domain and trademark owners receive notice of registrations matching their mark. In accordance with the Applicant Guidebook, the TM Claims service in this TLD will be supported exclusively by the TMCH and will recognise and honour all word marks falling within the Applicant Guidebook at TMCH s7.1.
The following stakeholders are involved in implementation of the TM Claims service:
– TMCH Service Provider⁄s
– Trademark owners
– Registrar⁄s
– PCCS
– Registry Services Provider
The role played by these stakeholders is described below by reference to:
– The TM Claims Service Implementation Plan
– Implementation of the TM Claims service through contractual relationships

2.3.1 Implementation

2.3.1.1 TM Claims Service Implementation Plan
1. Prior to or during the 60-day TM Claims period, trademark holders can apply for validation of their marks by the TMCH and entry in the TMCH database. This enables the provision of notice to applicants during this period of entries in the TMCH and notice to trademark holders of registrations matching TMCH entries (how and by whom this will be achieved is detailed in subsequent steps of this implementation plan).
2. The PCCS’s Community Liaison Officers will submit applications to a Registrar to register domain names corresponding to a TMCH entry with evidence of the corresponding TMCH entry. If additional information or evidence of identity is required for validation by the Registrar, this will also be provided with the application.
3. Pursuant to the PCCS’s RRA, the Registrar will validate the registrant’s identity.
4. For all applications received during this 60-day period, a Registrar will be required pursuant to the PCCS’s RRA to interface with the TMCH to determine whether an applied-for domain constitutes an “Identical Match” with a trademark in the TMCH. If an “Identical Match” is identified, the Registrar will provide to the applicant a TM Claims Notice in the form prescribed by the Applicant Guidebook. Following receipt of this notice, the applicant must communicate to the Registrar a decision either to proceed with or abandon the application. If the applied-for name does not constitute an “Identical Match” with a mark in the TMCH, no TM Claims Notice will be generated.
5. The Registry Services Provider will utilise the manual or automatic interface established for implementation of the SDRP (described above in “SDRP IMPLEMENTATION PLAN”) to facilitate reporting to registries by the TMCH of attempts to register domain names that are an “Identical Match” with a trademark (as defined in the Applicant Guidebook at TMCH s7.1) in the TMCH database.
6. If a TM Claims Notice is generated, the PCCS will conduct a review to determine whether to proceed with the application. If a decision is made to proceed, the Registrar will be required pursuant to the PCCS’s RRA to communicate the application information to the Registry Services Provider.
7. The Registry Services Provider will perform standard checks to ensure that the applied-for domain is technically valid; an error message will be returned to the Registrar if the domain fails any of these checks. If the domain passes these checks, the Registry Services Provider will enable the sponsoring Registrar to CREATE (using EPP or the SRS web interface) the domain. Compliance with internal processes will ensure that multiple applications are not made for the same name.
8. A registrar will be required pursuant to the PCCS’s RRA to interface with the TMCH to promptly notify relevant mark holders of the registration of a domain constituting an “Identical Match” to their TMCH entry.

2.3.1.2 Implementation through Contractual Relationships
The responsibilities of the Registry Services Provider in relation to implementation of the TM Claims service are set out in the managed registry services agreement in place between the PCCS and the Registry Services Provider.
The TM Claims Service Implementation Plan provided above will additionally be executed through the inclusion of the following clauses in the PCCS’s RRA:
– A registrar must make use of the TMCH as required by ICANN and the TMCH service provider⁄s.
– A registrar must not in its provision of the TM Claims service make use of any trademark information aggregation, notification or validation service other than the TMCH.
– In order to prevent a chilling effect on registration, a registrar must ensure that an applicant is not prevented from registering domain names considered an “Identical Match” with a mark in the TMCH.
– A registrar must provide clear notice to the applicant of relevant entries in the TMCH in the specific form provided by the Applicant Guidebook.

3 ONGOING RPMs

Abusive behaviour in this TLD will be prevented by the TLD’s operating model as well as the internal processes that the PCCS will implement to control domain name registration. In its capacity as registrant, the PCCS acknowledges that it is subject to the URS and UDRP. Further, the PCCS takes seriously its responsibilities as Registry Operator and acknowledges that it is subject to the Trademark PDDRP (to which all registry operators, regardless of the operating model of the new gTLD, are bound). The PCCS will abide by decisions rendered through those RPMs.
The PCCS highlights that the operating model it proposes to adopt in this TLD is a new TLD model; RPMs designed prior to the new gTLD program were not designed with this model in mind. Even the newly designed URS and Trademark PDDRP are from conceptual and implementation perspectives not entirely practicable for TLDs in which the Registry Operator registers domain names in its own right. Where gaps exist in current policy, these are noted and addressed in the implementation plans set out below.

3.1 URS
The URS is a new RPM the implementation of which is mandated in all new gTLDs. It is targeted at providing a rapid takedown solution to clear-cut cases of cybersquatting. It is intended to have a deterrent effect and reduce the number of disputes under the UDRP.
Due to the control over registrations provided by the proposed operating model of this TLD, the PCCS does not anticipate any situation in which it could be argued in good faith both that the PCCS has “no legitimate right or interest to the domain name” in question and “that the domain name was registered and is being used in bad faith”. The risk of URS complaints will be minimised through internal processes controlling domain name registration, but these processes would not stop a claimant from making a URS claim (even one in bad faith) against the PCCS. The PCCS does not anticipate that URS claims will arise in this TLD, but nevertheless has developed an implementation plan to ensure that this mechanism is in place and is compliant with registry operators’ obligations.
The URS is intended to supplement and not replace the UDRP, and the Applicant Guidebook foreshadows (at URS ss8.6 and 13) the likelihood of URS claimants also commencing UDRP claims. For this reason, the URS Implementation Plan below considers the potential interaction between URS stakeholders and UDRP stakeholders.
The following stakeholders are involved in implementation of the URS:
– URS claimants (holders of valid and enforceable trade or service marks)
– Registrar⁄s
– PCCS
– Registry Services Provider
– URS provider⁄s
– URS Examiner
The role played by these stakeholders is described below by reference to:
– The URS Implementation Plan
– Implementation of the URS through contractual relationships

3.1.1 Implementation
The PCCS acknowledges that it is prohibited from making changes to the WhoIs information of a registration if it has failed to respond to a URS complaint (default). This is in accordance with the Applicant Guidebook at URS s6.1. The PCCS also acknowledges that it is prohibited from making changes to a domain name in locked status. Understanding that a fundamental aim of the URS is expediency, all of the steps in the URS Implementation Plan set out below will be undertaken as soon as practical but without compromising security or accuracy. The implementation plan identifies certain aspects of implementation that are required under the Applicant Guidebook but nevertheless are not possible or practical to implement in the context of this TLD given its planned operating model.

3.1.1.1 URS Implementation Plan
1. The PCCS will notify to each URS provider an email address to which URS-related correspondence should be sent in respect of this TLD. The Registry Operator will monitor this address on an ongoing basis for communications from URS providers.
2. The Registry Services Provider will assist the Registry Operator in validating correspondence received to ensure that it originates from the URS Provider.
3. The Registry Services Provider will within 24 hours of receipt of a URS Notice of Complaint lock the domain name⁄s the subject of that complaint by restricting all changes to the registration data, including transfer and deletion of the domain. The domain will continue to resolve while in this locked status.
4. The Registry Services Provider will immediately notify the URS provider in the manner requested by the provider once the domain⁄s have been locked.
5. On receipt of a favourable URS Determination, the Registry Services Provider will lock domain⁄s the subject of Determination for the balance of the registration period and redirect the nameservers to an informational web page provided by the URS provider. While a domain is locked, the Registry Services Provider will continue to display all of the WhoIs information of the original registrant except for the redirection of the nameservers and the additional statement that the domain will not be able to be transferred, deleted or modified for the life of the registration.
6. On receipt of notification from the URS provider of termination of a URS proceeding, the Registry Services Provider will promptly unlock the domain and return full control to the registrant.
7. If a default has occurred (because a response has not been submitted to a URS complaint in accordance with the Applicant Guidebook at URS s6.1) and a Determination has been made in favour of the complainant, in the event that the Registry Operator receives notice from a URS provider that a Response has been filed in accordance with the Applicant Guidebook at URS s6.4, the Registry Services Provider will as soon as practical restore a domain to resolve to the original IP address while preserving its locked status until a Determination from de novo review is notified to the Registry Operator.
8. The Registry Operator will ensure that no changes are made to the resolution of a registration the subject of a successful URS Determination until expiry of the registration or the additional registration year unless otherwise instructed by a UDRP provider.
It is noted that the Applicant Guidebook requires that registry operators make available to successful URS complainants an optional extension of the registration period for one additional year at commercial rates. This is rendered impractical in the context of this TLD by its planned operating model.

3.1.1.2 Implementation of the URS through Contractual Relationships
The responsibilities of the Registry Services Provider above relating to implementation of the URS are in accordance with the managed registry services agreement in place between the PCCS and the Registry Services Provider.
The PCCS’s RRA will require that a Registrar not take any action relating to a URS proceeding except as in accordance with a validated communication from the Registry Operator or a URS provider.

3.2 UDRP
The UDRP is applicable to domain name registrations in all new gTLDs. It is available to parties with rights in valid and enforceable trade or service marks and is actionable on proof of three grounds identified in the policy as on ICANN’s website: http:⁄⁄archive.icann.org⁄en⁄udrp⁄udrp-policy-24oct99.htm
Because the PCCS will have control of all registrations in the .catholic TLD, it does not anticipate many, if any, situations in which it could be argued in good faith both that the PCCS has “no rights or legitimate interest in respect of the domain name” in question and that the name “has been registered and is being used in bad faith”. The risk of UDRP complaints will be minimised through internal processes controlling domain name registration, but these processes would not stop a claimant from making a claim (even one in bad faith) against the PCCS. The PCCS does not anticipate that UDRP claims will arise in this TLD, but nevertheless has developed an implementation plan to ensure that this mechanism is in place and is compliant with registry operators’ obligations.
The remedies offered by the UDRP are cancellation or transfer of a domain name to a successful UDRP claimant. The PCCS notes, however, that transfer is rendered impossible in the context of this TLD; where an exemption to clause 1b of the Registry Operator Code of Conduct has been granted enabling the registry operator to register domain names in its own right, transfer of domains is prohibited. For this reason, it appears that the only applicable remedy to a UDRP claim raised against the PCCS is cancellation of the disputed domain. The PCCS will place cancelled names on a list to prevent their subsequent registration.
The following stakeholders are involved in implementation of the UDRP:
– UDRP claimants
– Registrar⁄s
– PCCS
– Registry Services Provider
– UDRP providers
The role played by these stakeholders is described below by reference to:
– The UDRP Implementation Plan
– Implementation of the UDRP through contractual relationships
The UDRP Implementation Plan considers the potential overlap between URS and UDRP implementation because of the potential that URS complainants will commence UDRP claims as a second recourse or simultaneously. The PCCS notes that neither policy prohibits complainants from commencing proceedings simultaneously.

3.2.1 Implementation

3.2.1.1 UDRP Implementation Plan
This UDRP Implementation Plan focuses on interaction with Registrars because there is currently no interaction between existing gTLD registry operators and UDRP providers. The PCCSs considers that it and the Registry Services Provider have two principal responsibilities in facilitating a Registrar’s implementation of the UDRP: i) maintaining awareness of UDRP requirements; and ii) being capable of taking action when required and sufficiently skilled and flexible to respond to any changes to UDRP policy.
UDRP implementation would also ordinarily require that the Registry Services Provider provide EPP and the SRS web interface to enable a Registrar to perform required UDRP functions in accordance with the Policy on Transfer of Registrations between Registrars. However, the PCCS considers transfers between Registrars not likely to arise in this TLD and transfer is not a viable remedy for UDRP violation due to the planned operating model of the TLD.

3.2.1.2 Implementation of the UDRP through Contractual Relationships
The UDRP is applicable to domain name registrations in all new gTLDs by force of a contractual obligation (Registry Agreement Art. 2.9) on registry operators to use only ICANN-accredited Registrars, who in turn are contractually required (Registrar Accreditation Agreement, 21 May 2009, at 3.8) to incorporate the UDRP in their Registration Agreements. The responsibilities of the Registry Services Provider in relation to implementation of the UDRP as described above are in accordance with the managed registry services agreement in place between the PCCS and the Registry Services Provider.

3.3 Preventing Trademark Infringement in Operating the Registry
The new Trademark PDDRP, which targets trademark infringement arising from a registry operator’s manner of operation or use of its TLD, is primarily directed at the situation in which trademark holders have no clear RPM-based recourse against a registry operator. In the proposed operating model of this TLD, however, trademark owners do have recourse against the Registry Operator under the URS and UDRP. The grounds of those RPMs differ, however, from the grounds of the Trademark PDDRP. Grounds for raising a Trademark PDDRP claim are as follows:
a. There is a substantial pattern or practice of specific bad faith intent by the registry operator to profit from the sale of trademark infringing domain names; and
b. The registry operator’s bad faith intent to profit from the systematic registration of domain names within the gTLD that are identical or confusingly similar to the complainant’s mark, which:
i. Takes unfair advantage of the distinctive character or reputation of the complainant’s mark; or
ii. Impairs the distinctive character or reputation of the complainant’s mark; or
iii. Creates a likelihood of confusion with the complainant’s mark.
As required by the Registry Agreement, the PCCS agrees to participate in all Trademark PDDRP procedures and be bound by resulting determinations. The PCCS nevertheless considers the risk of Trademark PDDRP claims being raised against the PCCS negated by the fact that it will not be possible for claimants to satisfy the two grounds cited above. Specifically, it cannot be shown that there exists a “substantial pattern or practice... to profit from the sale of trademark infringing domain names” because domain names will not be sold in this TLD.
The PCCS will implement the Trademark PDDRP in accordance with the implementation plan below, but does not foresee that any Trademark PDDRP claims raised against the PCCS could succeed.
The following stakeholders are involved in the implementation of measures to prevent trademark infringement in the PCCS’s manner of operation of the .catholic TLD:
– Trademark holders
– PCCS
– Registry Services Provider
– Trademark PDDRP provider⁄s
The role played by these stakeholders is described below by reference to:
– The Trademark PDDRP Implementation Plan
– Implementation of the Trademark PDDRP through Contractual Relationships

3.3.1 Implementation

3.3.1.1 Trademark PDDRP Implementation Plan
1. The PCCS will notify to the Trademark PDDRP provider⁄s contact details for communications regarding the Trademark PDDRP, including the threshold determination, Trademark PDDRP complaint, complainant’s reply, notice of default, expert panel determinations, notice of appeal and determinations of an appeal panel.
2. As described in the response to Question 28, the Registry Services Provider will develop a website and to enable the Registry Operator to publish on that website policies relating to the TLD. Consistent with Requirement 8 of the BITS Requirements, this website will also provide the Registry Operator’s contact details. This will enable trademark holders to contact the PCCS to raise a complaint regarding trademark infringement and resultant harm caused by the PCCS’s operation or use of the .catholic TLD.
3. The details of a complaint will be documented by the PCCS using a standard information gathering template, which will include the following:
– Complainant name
– Contact details
– Trademark name
– Jurisdiction
– Registration date
– Registration number
– Nature of entitlement to trademark
– Explanation of why complainant believes that its mark has been infringed and harm caused by the PCCS’s operation or use of the TLD
4. The PCCS will conduct a preliminary assessment to ensure that a complaint is not spurious. If it is determined that a complaint is not spurious, PCCS will commence investigation and good faith negotiation with the complainant in accordance with the Applicant Guidebook at Trademark PDDRP s7.2.3(d).
5. In the event that a complaint cannot be resolved and a Trademark PDDRP claim is made, the PCCS will do the following:
– File a response in accordance with the Applicant Guidebook at Trademark PDDRP s10 (thus avoiding, whenever possible, default).
– Where appropriate, make and communicate to the Trademark PDDRP provider decisions regarding the Trademark PDDRP proceeding, including whether to request a three-person Trademark PDDRP Expert Panel (Trademark PDDRP s13.2), request discovery (s15.1), request a hearing (s16), request a de novo appeal (s20.1), challenge an ICANN-imposed Trademark PDDRP remedy (s21.3), initiate dispute resolution under the Registry Agreement (s21.4), or commence litigation in the event of a dispute arising under the Trademark PDDRP (s22).
– Where appropriate, undertake discovery in compliance with the Applicant Guidebook at Trademark PDDRP s15, attend hearings raised under s16, and gather evidence in compliance with ss20.5 and 20.6.
7. The PCCS will reimburse a Claimant on notification of an Expert Panel finding in favour of that Claimant (Trademark PDDRP s14.3).
8. The PCCS will implement any remedial measures recommended by the expert panel pursuant to Trademark PDDRP s18.3.1 and take all steps necessary to cure violations found by the expert panel (Trademark PDDRP s18.3.2) and notified by ICANN (Trademark PDDRP s21.3).

3.3.1.2 Implementation of Trademark PDDRP through Contractual Relationships
All new gTLD registry operators are bound to comply with the Trademark PDDRP by Specification 7, cl 2 of the Registry Agreement. The responsibilities of the Registry Services Provider in relation to implementation of the Trademark PDDRP are in accordance with the managed registry services agreement in place between the PCCS and the Registry Services Provider.

4 RESOURCES

The efforts to minimise abusive registrations and other activities that have a negative impact on Internet users in this TLD will be resourced jointly by the Registry Operator and the Registry Services Provider.

4.1 Registry Operator Resources
The following responsibilities will be absorbed by the individuals currently performing the following roles within the Registry Operator’s organisation.

4.1.1 Project Manager
The Registry Operator’s Project Manager will be responsible for managing the creation of domains in this TLD. In particular the Project Manager will pre-approve all requests to create and⁄or update domain names by the Community Liaison Officers and perform a monthly audit of all domain name transactions. The Project Manager will additionally be responsible for supporting the implementation of the sunrise, TM Claims service, URS, UDRP and Trademark PDDRP.

4.1.2 Community Liaison Officers
The Registry Operator’s Community Liaison Officers will be responsible for managing the Registry Operator’s domain name portfolio, which will involve creating, updating and maintaining domains in this TLD on behalf of the Registry Operator.

4.1.3 Legal⁄Compliance Officer
The Registry Operator’s Legal⁄Compliance Officer will be responsible for receiving, assessing and managing trademark infringement complaints and handling issues arising in connection with the implementation of RPMs in the TLD. This will involve assessing escalated complaints and issues, resolving disputes and liaising with all relevant stakeholders (Registrar, Registry Services Provider, trademark holders, RPM providers, etc.) as needed in fulfilling these responsibilities.

4.2 Registry Services Provider Resources
ARI’s abuse services are supported by the following departments:
– Abuse and Compliance Team (6 staff)
– Development Team (11 staff)
– Service Desk (14 staff)
A detailed list of the departments, roles and responsibilities in ARI is provided as attachment ‘Q29 – ARI Background & Roles.pdf’. This attachment describes the functions of the above teams and the exact number and nature of staff within.
The number of resources required to design, build, operate and support the SRS does not vary significantly with, and is not linearly proportional to, the number or size of TLDs that ARI provides registry services to.
ARI provides registry backend services to 5 TLDs and has a wealth of experience in estimating the number of resources required to support a registry system. Based on past experience ARI estimates that the existing staff is adequate to support a registry system that supports in excess of 50M domains. Since this TLD projects 3,824 domains, 0.0076% of these resources are allocated to this TLD. See attachment ‘Q29 – Registry Scale Estimates & Resource Allocation.xlsx’ for more information. ARI protects against loss of critical staff by employing multiple people in each role. Staff members have a primary role plus a secondary role for protection against personnel absence. Additionally ARI can scale resources as required.
Certain measures described in the responses to Questions 28 and 29 – which serve to prevent and mitigate abusive behaviour in the TLD including activities that may infringe trademarks – will be implemented and managed by ARI on the PCCS’s behalf. These responsibilities will be undertaken by three teams. ARI’s Development Team will be responsible for developing the technical platforms and meeting technical requirements needed to implement the RPMs discussed above. ARI’s Abuse and Compliance Team will be responsible for the ongoing operations of measures to minimise abusive registrations and other activities that affect trademark rights recognised through RPMs. ARI’s Service Desk will be responsible for supporting the Abuse and Compliance team out of hours. The responsibilities of these teams relevant to the implementation and ongoing maintenance of measures to minimise the potential in this TLD for abuse not specifically affecting trademark rights are described in the response to Question 28.
All of the responsibilities undertaken by these teams are inclusive in ARI’s managed registry services fee, which is accounted for as an outsourcing cost in the response to Question 47. The resourcing needs of these teams have been determined by applying the conservative growth projections for this TLD (as identified in the response to Question 48) to the teams’ responsibilities at start-up and on an ongoing basis.

4.2.1 ARI Development Team
All tools and systems used for the transmission and receipt of information related to RPMs will be developed and maintained by ARI. ARI has a Development Team dedicated to this purpose which will ensure that the tools are fit for purpose and adjusted as requirements change. ARI will ensure that systems and tools will be compliant with the appropriate processes for dealing with Registrars, the TMCH, URS and Trademark PDDRP providers as these processes are defined. ARI has been and will remain active in the formulating of these processes. ARI will use its resources to remain current with the approved measures for exchange of any material relevant to RPMs, whether during sunrise or on an ongoing basis. This team consists of:
– 1 Development Manager
– 2 Business Analysts
– 6 Developers
– 2 Quality Analysts

4.2.2 ARI Abuse and Compliance Team
ARI’s Abuse and Compliance Team is staffed by five full-time equivalent positions:
– 4 Policy Compliance Officers
– 1 Legal Manager
Policy Compliance Officers’ responsibilities relevant to RPMs include managing sunrise applications, managing communications between ARI and the TMCH service providers, SDRP provider⁄s, URS provider⁄s, UDRP providers and Trademark PDDRP provider⁄s, escalating complaints and issues to the Legal Manager when necessary, and communicating with all relevant stakeholders (Registry Operator, Registrar, RPM providers, trademark holders, general public, etc.) as needed in fulfilling these responsibilities. This role will be provided on a 24⁄7 basis supported by the ARI Service Desk. Policy Compliance Officers will be required to have the following skills⁄qualifications: customer service⁄fault handling experience, complete knowledge of all RPMs offered by the TLD and related policies, Internet industry knowledge, relevant post-secondary qualification, excellent communication and professional skills, accurate data entry skills, high-level problem solving skills, and high-level computer skills.
The Legal Manager will be responsible for handling RPM-related disputes involving ARI. This will involve assessing complaints and issues, liaising with legal counsel and management, resolving disputes and communicating with all relevant stakeholders (Registry Operator, Registrar, trademark holders, RPM providers, general public, etc) as needed in fulfilling these responsibilities. The Legal Manager will be required to have the following skills⁄qualifications: legal background (in particular, intellectual property⁄information technology law) or experience with relevant tertiary or post-graduate qualifications, dispute resolution experience, Internet industry experience, excellent communication, negotiation, problem solving and professional skills and good computer skills.

4.2.3 ARI Service Desk
ARI’s Service Desk is staffed by 14 full-time equivalent positions. The Service Desk will support the Abuse and Compliance Team outside of ordinary working hours.
For more information on the skills and responsibilities of these roles, please see the in-depth resources section in response to Question 31.
Based on the projections and the experience of ARI, the resources described here are more than sufficient to accommodate the needs of this TLD.