Back

29 Rights Protection Mechanisms

gTLDFull Legal NameE-mail suffixDetail
.momUniregistry, Corp.internet.proView
TABLE OF CONTENTS

29.1 RIGHTS PROTECTIONS
29.1.1 Pre-Launch Mechanisms
29.1.2 Post Launch Mechanisms and Services
29.2 RESOURCING
29.2.1 Human Resources
29.3 ABOUT THIS RESPONSE

- - - - -

29.1. RIGHTS PROTECTIONS

Uniregistry believes that a TLD thrives when its registrations provide reliable sources of information, goods and services from the registrants that have chosen to register domain names. Unauthorized domain name registrations corresponding to established trade or service marks, registered primarily for the purpose of confusing consumers, not only harm Internet users but they also harm the TLD itself, if the TLD becomes associated in the minds of consumers with unreliable, low quality or deceptive sources of information.

We believe that holders of relevant rights in goods and services of which .MOM is suggestive will value the opportunity provided by the .MOM TLD to differentiate their goods and services in the marketplace. However, we also strongly believe that rights protection mechanisms should not be a profit center for registries under which protection fees are extorted under the implied threat of cybersquatting by registrants in the TLD. For those rights holders not interested in utilizing the .MOM TLD, we offer a blocking alternative on a cost recovery basis for which we will welcome an independent audit.

The long term success of .MOM depends on rights protection mechanisms which deter infringing domain registrations and reduce costs to rights holders of enforcing their claims. UniRegistry has adopted the ICANN consensus policies and requirements of the Application Guidebook and Model Registry Agreement, and further proposes a minimal cost domain name dispute evaluation service to resolve most domain name disputes without escalation to dispute resolution proceedings. UniRegistry is committed to constantly reviewing and updating its rights protections mechanisms as industry best practices and domain registration strategies evolve, and has provided language in its Registrar Accreditation Agreement to give it the flexibility to add new processes and procedures should recurring issues occur which are not squarely addressed by existing mechanisms.

The proposal set forth in this response, meets or exceeds the requirements set forth in ICANNʹs Specification 7.

As a species of abusive behavior, rights violations and policies to address them are closely intertwined with the abuse response policies discussed in Question 28. The suite of rights protection measures described here provide a complementary set of specific deterrents and remedies against unauthorized and malicious use of confusing or similar domain names for the purpose of deceiving end users. The policies and practices described in this response thus operate in the context of reduced opportunities for security attacks such as phishing, pharming and identity theft which include rights infringing domain names as a subset.

29.1.1. Pre-Launch Mechanisms

29.1.1.1. Sunrise Period

For a period of at least 60 days prior to general registration availability, Uniregistry shall engage in a two-part Sunrise Registration Period, during which rights holders desiring to use their mark in .MOM may obtain either an Active Registration or a Blocking Registration. This period may be extended at the time of actual delegation and launch, as launches of multiple TLDʹs in the future may require that relevant rights holders become aware of the various options open to them.

Blocking Registrations will be provided for those rights holders that may desire to prohibit registration of a second-level domain name corresponding to their mark, but may not desire to utilize the second-level domain name. Blocking Registrations will be offered on a purely cost recovery basis, based upon the as-yet unknown terms of access to Trademark Clearinghouse data required to verify the application, and any fee assessed by ICANN for inclusion of the blocked name in the .MOM zone. While most rights holders will likely prefer to work through their existing digital rights management partners, including registrar-based providers of such services, we will further offer blocking registration availability directly through the registry, for any rights holders which manage their digital rights in-house or otherwise do not desire to incur additional costs or bundled services. Blocking Registrations will confer a non-transferable non-convertible reservation of the corresponding second-level domain, which shall resolve to a content-free designated web page indicating that the domain name has been reserved under Sunrise. The designated webpage serves the purpose of avoiding otherwise ʺnon resolvingʺ DNS responses from being diverted by Internet Service Providers to advertising material, as has become a common practice, and will simply indicate that the domain name is reserved according to Uniregistryʹs rights protection practices.

Active Registrations made during Sunrise will result in the registration of a resolving second-level domain name for a selected term of up to ten years, and will be offered on the identical commercial terms as registration of a domain name during general availability. Applications for Active Registrations during Sunrise will be submitted through the rights claimantʹs registrar and will include any requisite verification token identifying the applicant as the claimant of the mark or its designated agent.

To further reduce any costs to rights holders, Uniregistry will implement a ʺonce and for allʺ Sunrise registration program, under which a single Sunrise application will be made effective across all TLD’s which Uniregistry ultimately operates, and which may designate active or blocking registration for each. Uniregistry will also encourage and cooperate in any industry wide program of similar effect. There will be no geographic, class or trademark type restrictions against submission of either form of application (Active or Blocking) in relation to the mark claimed in the Trademark Clearinghouse record. Sunrise applications of either type will include an affirmation by the applicant that it is the owner or agent of the rights designated in the corresponding Trademark Clearinghouse record, that such rights are in use in relation to the goods and⁄or services claimed in connection with the mark, and that all provided information is true and correct.

All received application data will be verified against the corresponding Trademark Clearinghouse record. Notice will be provided to the applicant in the event of a failure to verify that the string corresponds to a Trademark Clearinghouse record or that the applicant corresponds to the owner or designated agent of the claimed rights. Verified applications will be accumulated during the Sunrise Period for conflict resolution or, in the event of no conflicting applications, entry into the TLD zone prior to general availability of the TLD. While the technical details of operation of the Trademark Clearinghouse have yet to be finalized by the relevant ICANN Working Group, Uniregistry will adapt to the mechanisms ultimately developed by the ongoing Working Group to effect the overall purpose of providing verification of Sunrise registrations.

For the purpose of correspondence rules between registered marks and domain names where the MOM string is the terminal portion of the mark, Sunrise applicants will have the option of ʺspanning the dotʺ.. For example, a Sunrise application by a rights holder in ʺXYZ MOMʺ will qualify for registration of both ʺXYZ.MOMʺ and XYZMOM.MOM. In the case of ʺonce and for allʺ applications, the Sunrise applicant will qualify for XYZMOM.TLD in every other TLD which Uniregistry operates.

Conflicting applications, or Sunrise applications for the identical second-level string shall be resolved as follows. In the event of a conflict among one or more Blocking Registrations, and the absence of any applications for Active Registrations, the designated second-level domain name will be reserved from by the registry in any event, as there is no ʺconflictʺ in the event that multiple parties seek to block a name. Conflicting applications between at least one Active Registration and one or more Blocking Registrations shall result in assignment of the second-level domain name to the Active Registration applicant. In the event of conflicting Active Registrations for the identical second-level domain name, the applicants will be notified, provided an opportunity to agree to assignment of the domain name to any one of the Active Registration applicants and, in the event of non-agreement, shall be resolved by auction among the Active Registration applicants in an auction to be conducted by a third-party auction services provider. We believe that most conflicts among applicants for Active Registrations are likely to be resolved among the applicants themselves, since many owners of concurrent trademarks have agreements in relation to use of concurrent marks in various markets, and the variety of potential conflicts does not lend itself to an uniformly acceptable rule imposed by a TLD registry.

The WHOIS record for an Active Registration shall indicate that the second-level domain name has been registered under Sunrise, and shall indicate the jurisdiction, mark and registration number (for registered marks) or other mark-identifying data in the corresponding Trademark Clearinghouse record as follows. This record conforms to the requirements of Specification 10.

Domain Name: EXAMPLE.MOM
Created On: dd-mm-yyyy hh:mm:ss UTC
Last Updated On: dd-mm-yyyy hh:mm:ss UTC
Expiration Date: dd-mm-yyyy
Trademark Name: EXAMPLE
Trademark Date: YYYY-MM-DD
Trademark Country: [COUNTRY]
Trademark Number: [REGISTRATION NUMBER]
Sponsoring Registrar:
Status:
Registrant ID:
Registrant Name:
Registrant Organization:
Registrant Street1:
Registrant Street2:
Registrant Street3:
Registrant City:
Registrant State⁄Province:
Registrant Postal Code:
Registrant Country
Registrant Phone:
Registrant Phone Ext.:
Registrant FAX:
Registrant FAX Ext.:
Registrant Email:
Admin ID:
Admin Name:
Admin Organization:
Admin Street1:
Admin Street2:
Admin Street3:
Admin City:
Admin State⁄Province:
Admin Postal Code:
Admin Country:
Admin Phone:
Admin Phone Ext.:
Admin FAX:
Admin FAX Ext.:
Admin Email:
Billing ID:
Billing Name:
Billing Organization:
Billing Street1:
Billing Street2:
Billing Street3:
Billing City:
Billing State⁄Province:
Billing Postal Code:
Billing Country:
Billing Phone:
Billing Phone Ext.:
Billing FAX:
Billing FAX Ext.:
Billing Email:
Tech ID:
Tech Name:
Tech Organization:
Tech Street1:
Tech Street2:
Tech Street3:
Tech City:
Tech State⁄Province:
Tech Postal Code:
Tech Country:
Tech Phone:
Tech Phone Ext.:
Tech FAX:
Tech FAX Ext.:
Tech Email:
Name Server:
Name Server:
Name Server:

The WHOIS Record for a Blocking Registration shall indicate that the second-level domain name has been reserved under Sunrise, shall indicate the jurisdiction, mark and registration number (for registered marks) or other mark-identifying data in the corresponding Trademark Clearinghouse record, and shall include designated name servers for resolution of the second-level domain name to a Domain Reservation Indication Page (DRIP). This record conforms to the requirements of Specification 10.

Domain Name: EXAMPLE.MOM
Created On: dd-mm-yyyy hh:mm:ss UTC
Last Updated On: dd-mm-yyyy hh:mm:ss UTC
Expiration Date: dd-mm-yyyy
Trademark Name: EXAMPLE
Trademark Date: YYYY-MM-DD
Trademark Country: [COUNTRY]
Trademark Number: [REGISTRATION NUMBER]
Sponsoring Registrar: UniRegistry
Sunrise Reserved Status:CLIENT TRANSFER PROHIBITED
Status:CLIENT UPDATE PROHIBITED
Registrant Name: UniRegistry Sunrise Reserved
Registrant Organization:
Registrant Street1:
Registrant Street2:
Registrant Street3:
Registrant City:
Registrant State⁄Province:
Registrant Postal Code:
Registrant Country:
Registrant Phone:
Registrant Phone Ext.:
Registrant FAX:
Registrant FAX Ext.:
Registrant Email:
Admin ID:
Admin Name:
Admin Organization:
Admin Street1:
Admin Street2:
Admin Street3:
Admin City:
Admin State⁄Province:
Admin Postal Code:
Admin Country:
Admin Phone:
Admin Phone Ext.:
Admin FAX:
Admin FAX Ext.:
Admin Email:
Billing ID:
Billing Name:
Billing Organization:
Billing Street1:
Billing Street2:
Billing Street3:
Billing City:
Billing State⁄Province:
Billing Postal Code:
Billing Country:
Billing Phone:
Billing Phone Ext.:
Billing FAX:
Billing FAX Ext.:
Billing Email:
Tech ID:
Tech Name:
Tech Organization:
Tech Street1:
Tech Street2:
Tech Street3:
Tech City:
Tech State⁄Province:
Tech Postal Code:
Tech Country:
Tech Phone:
Tech Phone Ext.:
Tech FAX:
Tech FAX Ext.:
Tech Email:
Name Server: NS1.UNIREGISTRY.COM
Name Server: NS2.UNIREGISTRY.COM

29.1.1.2. Sunrise Challenge

Second-level domain names registered or reserved as Active or Blocking registrations will remain subject to a Sunrise Challenge procedure. In the event that a consensus ICANN Sunrise Challenge procedure is adopted, Uniregistry shall comply with terms thereof. Otherwise, Uniregistry will implement a Sunrise Challenge procedure under which a challenger, whether a third party or the registry itself, shall allege that the Sunrise registration failed to conform to the requirements for entry into the Trademark Clearinghouse or was otherwise unqualified for the Sunrise Registration, or that the challenger of a Blocking Registration has independent rights to the second-level domain name. Grounds for such a challenge will include:

(1) at the time of the Respondentʹs registration of the Domain Name, no current (non-expired) trademark or service mark registration was issued in the Respondentʹs name; or

(2) the Domain Name does not correspond to the textual or word elements of the trademark or service mark registration in the manner required by the Sunrise Registration rules; or

(3) the trademark or service mark registration on which the registration of the Respondentʹs Domain Name is based is not of national effect; or

(4) the trademark or service mark has been invalidated, canceled, substantially unused or abandoned, or

(5) the trademark or service mark registration on which the registration of the Respondentʹs Domain Name was based did not issue prior to the cutoff date established by the Trademark Clearinghouse; or

(6) In the case of a Blocking Registration, the challenger possesses independent rights in a registered trademark of national or regional effect corresponding to the second-level domain name and intends to utilize the domain name.

The Challenge shall further indicate whether the the Respondent, which shall be the party having obtained the Sunrise registration, shall be notified and provided an opportunity to respond to the allegations of the challenger, and the dispute shall be resolved by a neutral dispute resolution provider.

It is anticipated that a standard Sunrise Challenge procedure will emerge from the ICANN new TLD program. To avoid a profusion of registry-specific rights procedures, Uniregistry shall adopt such standard procedure. If such procedure does not provide grounds for establishing independent rights in a Blocking Registration, Uniregistry shall implement a standalone procedure in coordination with an accredited dispute resolution provider to facilitate release of a Blocking Registrations to a challenger capable of establishing bona fide independent rights to use the string at issue, in order to address improvident, improper or abusive Blocking Registrations.

29.1.1.3. Trademark Claims Service

At the opening of general availability, Uniregistry will implement a Trademark Claims Service (TCS). The terms of access to the Trademark Clearinghouse have not been determined as of the date of this application. Uniregistry believes the Trademark Claims Service need not be restricted to the minimum requirement of 60 days post-launch, and will continue implementation of the Trademark Claims Service for as long as access to the Trademark Clearinghouse remains available.

Under the TCS, each registration for a second level domain name shall be checked against the Trademark Clearinghouse for an exact match string entry in the Trademark Clearinghouse. In the event a match is found, the prospective registrant will be provided with a Trademark Claims Notice identifying the trademark claimant, trademark claimed, and a link or other pointer to the underlying claim data constituting the Trademark Clearinghouse data record. Prior to proceeding to registration of the second level domain name, the prospective registrant will be required to affirmatively acknowledge:

(i) the prospective registrant has received notification that the mark(s) is included in the Clearinghouse;

(ii) the prospective registrant has received and understood the notice; and

(iii) to the best of the prospective registrantʹs knowledge, the registration and use of the requested domain name will not infringe on the rights that are the subject of the notice.

The terms of registration shall incorporate a provision under which the domain registrant shall not be entitled to claim lack of notice of the claim.

Should the prospective registrant proceed to registration of the domain name, a notice of such registration will be sent by email to the authorized contact identified in the Trademark Clearinghouse data record.

29.1.1.4. Domain Reservation or Suspension Indicator Pages

As noted above, Blocking Registrations will resolve to a designated content-free page, a Domain Reservation Indicator Page (DRIP) which readily indicates the status thereof to end users. Suspended domains are required by other policies, such as noted in the abuse response policies in Question 28, will require a online indicator, a Domain Suspension Indicator Page (DSIP). DRIPs and DSIPs will be operated using appropriate protocols so as to convey the required status message of the affected domains to the end user.

To facilitate this, UniRegistry will initially deploy a service platform providing DNS and generic web pages that will serve a simple template signaling the reservation or suspension status of such domain names. At least two simple DNS and web servers will be provisioned at separate datacenters, so that the activity against those web servers does not affect the regular operations of the registry. UniRegistry intends to run this service with a reliability in line with that of industry standard low cost web hosting providers. In the event operational information indicates higher than anticipated performance requirements are appropriate, UniRegistry will implement performance improvements to protect the integrity of operation of DRIPs and DSIPs (i.e. to prevent hi-jacking or other methods ISPs or commercial DNS service providers may use to substitute other content in response to HTTP queries.

29.1.2. Post Launch Mechanisms and Services

The mechanisms and services described in the sections below have been designated as complements to the Post-Delegation Dispute Resolution Procedure (PDDRP) and the Registration Restriction Dispute Resolution Procedure (RRDRP) in their most current versions. UniRegistry will adhere to the PDDRP and RRDRP.

29.1.2.1. String Watch Service

UniRegistry will offer a ʺwatch serviceʺ through which a subscriber may request notification of new registrations containing any pre-defined string of characters. This will allow rights holders of any type, whether trademark, copyright, rights of personality, or persons concerned in any other string of interest to them, to monitor the registration of words and phrases that may be important to them.

Watch Service Subscribers may establish an account, specify any string or strings of interest to them, and receive a periodic email notification at specified intervals, alerting them to the new registration of any second level domain name containing the identified string(s). This service is simply a notification service of new registrations and the right to use it is not predicated on any claim of right. Notification that a domain name has been registered with words or phrases contained in the Subscriberʹs string selections does not indicate that a domain name is or is not infringing on any legal right.

UniRegistry will perform commercially reasonable efforts to insure that email communications are being delivered. Additionally and depending on the effectiveness of the email as notification medium, other mechanisms may be designed and implemented, with consideration to the best interests of all the stakeholders.

29.1.2.2. Uniform Domain-Name Dispute-Resolution Policy (UDRP)

Uniregistry will require registrars to incorporate the UDRP into the terms of registration of second level domain names, just as all existing ICANN-accredited registrars already are required to do so by the ICANN Registrar Accreditation Agreement.

The UDRP, by its own terms, does not require registry involvement; however, UniRegistry is aware that occasional issues relating to registrar compliance with the UDRP have arisen, which typically have led to de-accreditation of registrars found in habitual non-compliance. Uniregistry will receive and act on any communications received from ICANN registrar compliance personnel indicating registrar non-compliance with the UDRP. In the event of a registrarʹs failure to comply with the conditions of the UDRP, and in the absence of factors such as litigation filed under UDRP 4(k) (under which names are not to be transferred upon filing of a court action in the UDRP Mutual Jurisdiction), Uniregistry will re-assign the domain name(s) in question to a compliant registrar with which the transferee has established an account, and may charge, suspend or de-accredit the non-compliant registrar in accordance with the schedule of incentives and penalties set forth in the response to Question 28.

29.1.2.3. Uniform Rapid Suspension (URS)

Uniregistry will require registrars to incorporate the Uniform Rapid Suspension System (URS) into the terms of registration of second level domain names. The URS requires that domain names subject to suspension will resolve to a designated web page until the domain name expires. Uniregistry will receive and respond to URS determinations by updating and locking the nameservers for a domain name subject to suspension to designated servers which will resolve the domain name to the requisite web page indicating that the domain name has been suspended (or other terminal status the URS, subject to ICANN Consensus Policy or Board action may require).

Uniregistry will receive and act on any communications received from ICANN registrar compliance personnel indicating registrar non-compliance with the URS. In the event of registrar failure to comply with the conditions of the URS and in the absence of factors such as litigation filed in a competent jurisdiction (under which names are not to be disabled upon filing of a court action in the URS Mutual Jurisdiction), Uniregistry will re-assign the domain name(s) in question to a compliant registrar, and may charge, suspend or de-accredit the non-compliant registrar in accordance with the graduated penalties discussed in the response to Question 28.

At present, ICANN has projected a cost of US $300 for URS disputes. However, no presently ICANN-accredited dispute resolution provider has confirmed that it can provide URS services at that price. In the event that ICANN-accredited dispute resolution providers cannot provide URS services in the indicated price range, Uniregistry will contract with a URS provider in consultation with leading experts in domain dispute procedures, which can provide competent determinations of the type of clear violations which the URS is intended to address, to ensure a low cost advisory, mediation or suspension mechanism.

29.1.2.4. Trade or Service Mark Litigation

In the event of litigation involving a second level domain name and to which Uniregistry is named as a party, Uniregistry shall retain the right to present all claims and defenses available to it. Uniregistry will generally seek dismissal as a party, as litigation involving an alleged infringing name are properly brought between the claimant and the registered name holder.

Uniregistry will implement orders of the courts of its charter jurisdiction directing registry action to be taken in relation to a domain name. Uniregistry shall further maintain an agent for the purpose of service of process in the United States, and will comply with orders of the courts directing registry action in relation to a domain name. In the event of litigation under the United States Anti-Cybersquatting Protection Act, Uniregistry shall submit a certificate of control to the court, by which the court may direct disposition of the domain name. Uniregistry will implement such orders to the extent that Uniregistry is not itself a party to the litigation or court action in question. In all other instances, Uniregistry will retain its full legal rights to defend, settle or otherwise resolve the litigation or court action.

In the event of litigation arising in the Mutual Jurisdiction specified in the UDRP or the URS, Uniregistry will lock the subject domain name and maintain such lock until Uniregistry receives notice of a decision or dismissal by the court.

For all other court proceedings brought in relation to a domain name of which Uniregistry receives notice, the subject domain name(s) will be locked pending resolution of the proceedings in all instances where the court is of competent jurisdiction over (a) the registrant, (b) the registrar, or (c) which is otherwise served in Uniregistryʹs charter jurisdiction or upon Uniregistryʹs agent for service of process in the United States.

29.1.2.5. Criminal Infringement Matters

Uniregistry will receive service of any warrant, subpoena, seizure order or equivalent directive served in Uniregistryʹs charter jurisdiction, or upon Uniregistryʹs agents for service of process in the United States and the United Kingdom. Uniregistry shall reserve all its rights and defenses for any matter in which Uniregistry is named as a defendant or subject of criminal allegation.

29.1.2.6. Additional IP Investigational⁄Mitigation Tools

29.1.2.6.1. Zone File Access

As referenced elsewhere in the application, Uniregistry shall make the MOM zone file available to third parties under the zone file access agreement. This access may be utilized by, for example, commercial providers of registration watch services available to the intellectual property enforcement community.

29.1.2.6.2. Searchable WHOIS

Under the UDRP and other intellectual property rights enforcement mechanisms, claimants may rely on evidence of patterns of registration, but such patterns have been difficult to investigate. The Searchable WHOIS described in connection with Question 28 of the application provides an additional investigational tool by which claimants may determine whether a registrant is engaged in a pattern of cybesquattting

29.1.2.6.3. WHOIS Integrity

Cybersquatting is frequently associated with fictitious or incomplete WHOIS data. As described in connection with Question 28 of the application, Uniregistry will subject WHOIS data to regular integrity checks after registration of domain names or changes to WHOIS data. Uniregistry will require registrars to receive and to act on reports from the WHOIS Data Problem Report System. In the event that Uniregistry receives communications from ICANN or from third-party reporters indicating registrar failure to receive and act on such reports, Uniregistry will investigate the underlying record and registrar non-compliance, and may suspend or cancel the domain name, and may sanction the registrar according to the schedule of graduated penalties proposed in our response to Question 28 in the event that non-compliance is found.

29.1.2.6.4. Abuse Reporting Point of Contact

The abuse reporting system and processes described in the response to Question 28 will include, as an abuse category, intellectual property or other rights infringement. Reports of intellectual property infringement will be forwarded to the relevant registrar and the registrant identified in the WHOIS data. The abuse reporting form will further include pointers to rights enforcement mechanisms including the UDRP, URS, and WHOIS Data Problem Reporting System.

29.2. RESOURCING

Costs and procurement of the resources described here are detailed in response to Question 47.

29.2.1. Human Resources

See EXHIBIT: ʺ29-Chart-Resourcing.pngʺ for information in the human resources assignment.

The resourcing plan specific to this response follows the principles, guidelines and information set forth in our response to Question 23.

The accompanying chart shows the human resources allocated to the functions depicted in this response.

Uniregistry maintains retainer relationships with two attorneys having extensive experience in internet matters, who will be responsible for reviewing and authorizing response to any incident, report, or law enforcement or court action requiring legal review such as jurisdictional analysis. At any time, at least one of these attorneys shall be ʺon callʺ to immediately address such incidents as circumstances warrant.

29.3. ABOUT THIS RESPONSE

We believe that this answer meets the requirements and addresses all the points of this question:

* We have described how we will implement safeguards against unqualified registrations.
* We will offer both a Sunrise period and a Trademark Claims service
* We implement the URS.
* We implement means to support the UDRP and other dispute mechanisms (such as litigation.)
* We have the contractual vehicles to require compliance by registrars and, indirectly, by registrants.
* These measures are all integrated into our operational and technical designs, procedures, and operations.

We believe that this answer exceeds the requirements of this question:

* We have built rights protection into the core of our systems, procedures, contracts, and operations.
* We provide registrants with tools to monitor for potentially improper registrations.
* We have detailed procedures to suspend or take down names.
* The suite of rights management protections goes significantly beyond the minimum that is required.
gTLDFull Legal NameE-mail suffixDetail
.carsUniregistry, Corp.uniregistry.comView
TABLE OF CONTENTS

29.1 RIGHTS PROTECTIONS
29.1.1 Pre-Launch Mechanisms
29.1.2 Post Launch Mechanisms and Services
29.2 RESOURCING
29.2.1 Human Resources
29.3 ABOUT THIS RESPONSE

- - - - -

29.1. RIGHTS PROTECTIONS

Uniregistry believes that a TLD thrives when its registrations provide reliable sources of information, goods and services from the registrants that have chosen to register domain names. Unauthorized domain name registrations corresponding to established trade or service marks, registered primarily for the purpose of confusing consumers, not only harm Internet users but they also harm the TLD itself, if the TLD becomes associated in the minds of consumers with unreliable, low quality or deceptive sources of information.

We believe that holders of relevant rights in goods and services of which .CARS is suggestive will value the opportunity provided by the .CARS TLD to differentiate their goods and services in the marketplace. However, we also strongly believe that rights protection mechanisms should not be a profit center for registries under which protection fees are extorted under the implied threat of cybersquatting by registrants in the TLD. For those rights holders not interested in utilizing the .CARS TLD, we offer a blocking alternative on a cost recovery basis for which we will welcome an independent audit.

The long term success of .CARS depends on rights protection mechanisms which deter infringing domain registrations and reduce costs to rights holders of enforcing their claims. UniRegistry has adopted the ICANN consensus policies and requirements of the Application Guidebook and Model Registry Agreement, and further proposes a minimal cost domain name dispute evaluation service to resolve most domain name disputes without escalation to dispute resolution proceedings. UniRegistry is committed to constantly reviewing and updating its rights protections mechanisms as industry best practices and domain registration strategies evolve, and has provided language in its Registrar Accreditation Agreement to give it the flexibility to add new processes and procedures should recurring issues occur which are not squarely addressed by existing mechanisms.

The proposal set forth in this response, meets or exceeds the requirements set forth in ICANNʹs Specification 7.

As a species of abusive behavior, rights violations and policies to address them are closely intertwined with the abuse response policies discussed in Question 28. The suite of rights protection measures described here provide a complementary set of specific deterrents and remedies against unauthorized and malicious use of confusing or similar domain names for the purpose of deceiving end users. The policies and practices described in this response thus operate in the context of reduced opportunities for security attacks such as phishing, pharming and identity theft which include rights infringing domain names as a subset.

29.1.1. Pre-Launch Mechanisms

29.1.1.1. Sunrise Period

For a period of at least 60 days prior to general registration availability, Uniregistry shall engage in a two-part Sunrise Registration Period, during which rights holders desiring to use their mark in .CARS may obtain either an Active Registration or a Blocking Registration. This period may be extended at the time of actual delegation and launch, as launches of multiple TLDʹs in the future may require that relevant rights holders become aware of the various options open to them.

Blocking Registrations will be provided for those rights holders that may desire to prohibit registration of a second-level domain name corresponding to their mark, but may not desire to utilize the second-level domain name. Blocking Registrations will be offered on a purely cost recovery basis, based upon the as-yet unknown terms of access to Trademark Clearinghouse data required to verify the application, and any fee assessed by ICANN for inclusion of the blocked name in the .CARS zone. While most rights holders will likely prefer to work through their existing digital rights management partners, including registrar-based providers of such services, we will further offer blocking registration availability directly through the registry, for any rights holders which manage their digital rights in-house or otherwise do not desire to incur additional costs or bundled services. Blocking Registrations will confer a non-transferable non-convertible reservation of the corresponding second-level domain, which shall resolve to a content-free designated web page indicating that the domain name has been reserved under Sunrise. The designated webpage serves the purpose of avoiding otherwise ʺnon resolvingʺ DNS responses from being diverted by Internet Service Providers to advertising material, as has become a common practice, and will simply indicate that the domain name is reserved according to Uniregistryʹs rights protection practices.

Active Registrations made during Sunrise will result in the registration of a resolving second-level domain name for a selected term of up to ten years, and will be offered on the identical commercial terms as registration of a domain name during general availability. Applications for Active Registrations during Sunrise will be submitted through the rights claimantʹs registrar and will include any requisite verification token identifying the applicant as the claimant of the mark or its designated agent.

To further reduce any costs to rights holders, Uniregistry will implement a “once and for all” Sunrise registration program, under which a single Sunrise application will be made effective across all TLD’s which Uniregistry ultimately operates, and which may designate active or blocking registration for each. Uniregistry will also encourage and cooperate in any industry wide program of similar effect. There will be no geographic, class or trademark type restrictions against submission of either form of application (Active or Blocking) in relation to the mark claimed in the Trademark Clearinghouse record. Sunrise applications of either type will include an affirmation by the applicant that it is the owner or agent of the rights designated in the corresponding Trademark Clearinghouse record, that such rights are in use in relation to the goods and⁄or services claimed in connection with the mark, and that all provided information is true and correct.

All received application data will be verified against the corresponding Trademark Clearinghouse record. Notice will be provided to the applicant in the event of a failure to verify that the string corresponds to a Trademark Clearinghouse record or that the applicant corresponds to the owner or designated agent of the claimed rights. Verified applications will be accumulated during the Sunrise Period for conflict resolution or, in the event of no conflicting applications, entry into the TLD zone prior to general availability of the TLD. While the technical details of operation of the Trademark Clearinghouse have yet to be finalized by the relevant ICANN Working Group, Uniregistry will adapt to the mechanisms ultimately developed by the ongoing Working Group to effect the overall purpose of providing verification of Sunrise registrations.

For the purpose of correspondence rules between registered marks and domain names where the CARS string is the terminal portion of the mark, Sunrise applicants will have the option of “spanning the dot”. For example, a Sunrise application by a rights holder in ʺXYZ CARSʺ will qualify for registration of both ʺXYZ.CARSʺ and XYZCARS.CARS. In the case of “once and for all” applications, the Sunrise applicant will qualify for XYZCARS.TLD in every other successive TLD which Uniregistry operates. Additionally, Sunrise applicants for whom the qualifying trademark has a terminal string in the singular form of “CARS”, a native language equivalent which begins with the same Latin characters as “CARS”, or both, the Sunrise applicant will qualify to truncate the terminal portion of the mark for the purpose of spanning the dot.

Conflicting applications, or Sunrise applications for the identical second-level string shall be resolved as follows. In the event of a conflict among one or more Blocking Registrations, and the absence of any applications for Active Registrations, the designated second-level domain name will be reserved from by the registry in any event, as there is no “conflict” in the event that multiple parties seek to block a name. Conflicting applications between at least one Active Registration and one or more Blocking Registrations shall result in assignment of the second-level domain name to the Active Registration applicant. In the event of conflicting Active Registrations for the identical second-level domain name, the applicants will be notified, provided an opportunity to agree to assignment of the domain name to any one of the Active Registration applicants and, in the event of non-agreement, shall be resolved by auction among the Active Registration applicants in an auction to be conducted by a third-party auction services provider. We believe that most conflicts among applicants for Active Registrations are likely to be resolved among the applicants themselves, since many owners of concurrent trademarks have agreements in relation to use of concurrent marks in various markets, and the variety of potential conflicts does not lend itself to an uniformly acceptable rule imposed by a TLD registry.

The WHOIS record for an Active Registration shall indicate that the second-level domain name has been registered under Sunrise, and shall indicate the jurisdiction, mark and registration number (for registered marks) or other mark-identifying data in the corresponding Trademark Clearinghouse record as follows. This record conforms to the requirements of Specification 10.

Domain Name: EXAMPLE.CARS
Created On: dd-mm-yyyy hh:mm:ss UTC
Last Updated On: dd-mm-yyyy hh:mm:ss UTC
Expiration Date: dd-mm-yyyy
Trademark Name: EXAMPLE
Trademark Date: YYYY-MM-DD
Trademark Country: [country]
Trademark Number: [registration number]
Sponsoring Registrar:
Status:
Registrant ID:
Registrant Name:
Registrant Organization:
Registrant Street1:
Registrant Street2:
Registrant Street3:
Registrant City:
Registrant State⁄Province:
Registrant Postal Code:
Registrant Country
Registrant Phone:
Registrant Phone Ext.:
Registrant FAX:
Registrant FAX Ext.:
Registrant Email:
Admin ID:
Admin Name:
Admin Organization:
Admin Street1:
Admin Street2:
Admin Street3:
Admin City:
Admin State⁄Province:
Admin Postal Code:
Admin Country:
Admin Phone:
Admin Phone Ext.:
Admin FAX:
Admin FAX Ext.:
Admin Email:
Billing ID:
Billing Name:
Billing Organization:
Billing Street1:
Billing Street2:
Billing Street3:
Billing City:
Billing State⁄Province:
Billing Postal Code:
Billing Country:
Billing Phone:
Billing Phone Ext.:
Billing FAX:
Billing FAX Ext.:
Billing Email:
Tech ID:
Tech Name:
Tech Organization:
Tech Street1:
Tech Street2:
Tech Street3:
Tech City:
Tech State⁄Province:
Tech Postal Code:
Tech Country:
Tech Phone:
Tech Phone Ext.:
Tech FAX:
Tech FAX Ext.:
Tech Email:
Name Server:
Name Server:
Name Server:

The WHOIS Record for a Blocking Registration shall indicate that the second-level domain name has been reserved under Sunrise, shall indicate the jurisdiction, mark and registration number (for registered marks) or other mark-identifying data in the corresponding Trademark Clearinghouse record, and shall include designated name servers for resolution of the second-level domain name to a Domain Reservation Indication Page (DRIP). This record conforms to the requirements of Specification 10.

Domain Name: EXAMPLE.CARS
Created On: dd-mm-yyyy hh:mm:ss UTC
Last Updated On: dd-mm-yyyy hh:mm:ss UTC
Expiration Date: dd-mm-yyyy
Trademark Name: EXAMPLE
Trademark Date: YYYY-MM-DD
Trademark Country: [country]
Trademark Number: [registration number]
Sponsoring Registrar: UniRegistry
Sunrise Reserved Status:CLIENT TRANSFER PROHIBITED
Status:CLIENT UPDATE PROHIBITED
Registrant Name: UniRegistry Sunrise Reserved
Registrant Organization:
Registrant Street1:
Registrant Street2:
Registrant Street3:
Registrant City:
Registrant State⁄Province:
Registrant Postal Code:
Registrant Country:
Registrant Phone:
Registrant Phone Ext.:
Registrant FAX:
Registrant FAX Ext.:
Registrant Email:
Admin ID:
Admin Name:
Admin Organization:
Admin Street1:
Admin Street2:
Admin Street3:
Admin City:
Admin State⁄Province:
Admin Postal Code:
Admin Country:
Admin Phone:
Admin Phone Ext.:
Admin FAX:
Admin FAX Ext.:
Admin Email:
Billing ID:
Billing Name:
Billing Organization:
Billing Street1:
Billing Street2:
Billing Street3:
Billing City:
Billing State⁄Province:
Billing Postal Code:
Billing Country:
Billing Phone:
Billing Phone Ext.:
Billing FAX:
Billing FAX Ext.:
Billing Email:
Tech ID:
Tech Name:
Tech Organization:
Tech Street1:
Tech Street2:
Tech Street3:
Tech City:
Tech State⁄Province:
Tech Postal Code:
Tech Country:
Tech Phone:
Tech Phone Ext.:
Tech FAX:
Tech FAX Ext.:
Tech Email:
Name Server: NS1.UNIREGISTRY.COM
Name Server: NS2.UNIREGISTRY.COM

29.1.1.2. Sunrise Challenge

Second-level domain names registered or reserved as Active or Blocking registrations will remain subject to a Sunrise Challenge procedure. In the event that a consensus ICANN Sunrise Challenge procedure is adopted, Uniregistry shall comply with terms thereof. Otherwise, Uniregistry will implement a Sunrise Challenge procedure under which a challenger, whether a third party or the registry itself, shall allege that the Sunrise registration failed to conform to the requirements for entry into the Trademark Clearinghouse or was otherwise unqualified for the Sunrise Registration, or that the challenger of a Blocking Registration has independent rights to the second-level domain name. Grounds for such a challenge will include:

(1) at the time of the Respondentʹs registration of the Domain Name, no current (non-expired) trademark or service mark registration was issued in the Respondentʹs name; or

(2) the Domain Name does not correspond to the textual or word elements of the trademark or service mark registration in the manner required by the Sunrise Registration rules; or

(3) the trademark or service mark registration on which the registration of the Respondentʹs Domain Name is based is not of national effect; or

(4) the trademark or service mark has been invalidated, canceled, substantiall unused or abandoned, or

(5) the trademark or service mark registration on which the registration of the Respondentʹs Domain Name was based did not issue prior to the cutoff date established by the Trademark Clearinghouse; or

(6) In the case of a Blocking Registration, the challenger possesses independent rights in a registered trademark of national or regional effect corresponding to the second-level domain name and intends to utilize the domain name.

The Challenge shall further indicate whether the the Respondent, which shall be the party having obtained the Sunrise registration, shall be notified and provided an opportunity to respond to the allegations of the challenger, and the dispute shall be resolved by a neutral dispute resolution provider.

It is anticipated that a standard Sunrise Challenge procedure will emerge from the ICANN new TLD program. To avoid a profusion of registry-specific rights procedures, Uniregistry shall adopt such standard procedure. If such procedure does not provide grounds for establishing independent rights in a Blocking Registration, Uniregistry shall implement a standalone procedure in coordination with an accredited dispute resolution provider to facilitate release of a Blocking Registrations to a challenger capable of establishing bona fide independent rights to use the string at issue, in order to address improvident, improper or abusive Blocking Registrations.

29.1.1.3. Trademark Claims Service

At the opening of general availability, Uniregistry will implement a Trademark Claims Service (TCS). The terms of access to the Trademark Clearinghouse have not been determined as of the date of this application. Uniregistry believes the Trademark Claims Service need not be restricted to the minimum requirement of 60 days post-launch, and will continue implementation of the Trademark Claims Service for as long as access to the Trademark Clearinghouse remains available.

Under the TCS, each registration for a second level domain name shall be checked against the Trademark Clearinghouse for an exact match string entry in the Trademark Clearinghouse. In the event a match is found, the prospective registrant will be provided with a Trademark Claims Notice identifying the trademark claimant, trademark claimed, and a link or other pointer to the underlying claim data constituting the Trademark Clearinghouse data record. Prior to proceeding to registration of the second level domain name, the prospective registrant will be required to affirmatively acknowledge:

(i) the prospective registrant has received notification that the mark(s) is included in the Clearinghouse;

(ii) the prospective registrant has received and understood the notice; and

(iii) to the best of the prospective registrantʹs knowledge, the registration and use of the requested domain name will not infringe on the rights that are the subject of the notice.

The terms of registration shall incorporate a provision under which the domain registrant shall not be entitled to claim lack of notice of the claim.

Should the prospective registrant proceed to registration of the domain name, a notice of such registration will be sent by email to the authorized contact identified in the Trademark Clearinghouse data record.

29.1.1.4. Domain Reservation or Suspension Indicator Pages

As noted above, Blocking Registrations will resolve to a designated content-free page, a Domain Reservation Indicator Page (DRIP) which readily indicates the status thereof to end users. Suspended domains are required by other policies, such as noted in the abuse response policies in Question 28, will require a online indicator, a Domain Suspension Indicator Page (DSIP). DRIPs and DSIPs will be operated using appropriate protocols so as to convey the required status message of the affected domains to the end user.

To facilitate this, UniRegistry will initially deploy a service platform providing DNS and generic web pages that will serve a simple template signaling the reservation or suspension status of such domain names. At least two simple DNS and web servers will be provisioned at separate datacenters, so that the activity against those web servers does not affect the regular operations of the registry. UniRegistry intends to run this service with a reliability in line with that of industry standard low cost web hosting providers. In the event operational information indicates higher than anticipated performance requirements are appropriate, UniRegistry will implement performance improvements to protect the integrity of operation of DRIPs and DSIPs (i.e. to prevent hi-jacking or other methods ISPs or commercial DNS service providers may use to substitute other content in response to HTTP queries.

29.1.2. Post Launch Mechanisms and Services

The mechanisms and services described in the sections below have been designated as complements to the Post-Delegation Dispute Resolution Procedure (PDDRP) and the Registration Restriction Dispute Resolution Procedure (RRDRP) in their most current versions. UniRegistry will adhere to the PDDRP and RRDRP.

29.1.2.1. String Watch Service

UniRegistry will offer a ʺwatch serviceʺ through which a subscriber may request notification of new registrations containing any pre-defined string of characters. This will allow rights holders of any type, whether trademark, copyright, rights of personality, or persons concerned in any other string of interest to them, to monitor the registration of words and phrases that may be important to them.

Watch Service Subscribers may establish an account, specify any string or strings of interest to them, and receive a periodic email notification at specified intervals, alerting them to the new registration of any second level domain name containing the identified string(s). This service is simply a notification service of new registrations and the right to use it is not predicated on any claim of right. Notification that a domain name has been registered with words or phrases contained in the Subscriberʹs string selections does not indicate that a domain name is or is not infringing on any legal right.

UniRegistry will perform commercially reasonable efforts to insure that email communications are being delivered. Additionally and depending on the effectiveness of the email as notification medium, other mechanisms may be designed and implemented, with consideration to the best interests of all the stakeholders.

29.1.2.2. Uniform Domain-Name Dispute-Resolution Policy (UDRP)

Uniregistry will require registrars to incorporate the UDRP into the terms of registration of second level domain names, just as all existing ICANN-accredited registrars already are required to do so by the ICANN Registrar Accreditation Agreement.

The UDRP, by its own terms, does not require registry involvement; however, UniRegistry is aware that occasional issues relating to registrar compliance with the UDRP have arisen, which typically have led to de-accreditation of registrars found in habitual non-compliance. Uniregistry will receive and act on any communications received from ICANN registrar compliance personnel indicating registrar non-compliance with the UDRP. In the event of a registrarʹs failure to comply with the conditions of the UDRP, and in the absence of factors such as litigation filed under UDRP 4(k) (under which names are not to be transferred upon filing of a court action in the UDRP Mutual Jurisdiction), Uniregistry will re-assign the domain name(s) in question to a compliant registrar with which the transferee has established an account, and may charge, suspend or de-accredit the non-compliant registrar in accordance with the schedule of incentives and penalties set forth in the response to Question 28.

29.1.2.3. Uniform Rapid Suspension (URS)

Uniregistry will require registrars to incorporate the Uniform Rapid Suspension System (URS) into the terms of registration of second level domain names. The URS requires that domain names subject to suspension will resolve to a designated web page until the domain name expires. Uniregistry will receive and respond to URS determinations by updating and locking the nameservers for a domain name subject to suspension to designated servers which will resolve the domain name to the requisite web page indicating that the domain name has been suspended (or other terminal status the URS, subject to ICANN Consensus Policy or Board action may require).

Uniregistry will receive and act on any communications received from ICANN registrar compliance personnel indicating registrar non-compliance with the URS. In the event of registrar failure to comply with the conditions of the URS and in the absence of factors such as litigation filed in a competent jurisdiction (under which names are not to be disabled upon filing of a court action in the URS Mutual Jurisdiction), Uniregistry will re-assign the domain name(s) in question to a compliant registrar, and may charge, suspend or de-accredit the non-compliant registrar in accordance with the graduated penalties discussed in the response to Question 28.

At present, ICANN has projected a cost of US $300 for URS disputes. However, no presently ICANN-accredited dispute resolution provider has confirmed that it can provide URS services at that price. In the event that ICANN-accredited dispute resolution providers cannot provide URS services in the indicated price range, Uniregistry will contract with a URS provider in consultation with leading experts in domain dispute procedures, which can provide competent determinations of the type of clear violations which the URS is intended to address, to ensure a low cost advisory, mediation or suspension mechanism.

29.1.2.4. Trade or Service Mark Litigation

In the event of litigation involving a second level domain name and to which Uniregistry is named as a party, Uniregistry shall retain the right to present all claims and defenses available to it. Uniregistry will generally seek dismissal as a party, as litigation involving an alleged infringing name are properly brought between the claimant and the registered name holder.

Uniregistry will implement orders of the courts of its charter jurisdiction directing registry action to be taken in relation to a domain name. Uniregistry shall further maintain an agent for the purpose of service of process in the United States, and will comply with orders of the courts directing registry action in relation to a domain name. In the event of litigation under the United States Anti-Cybersquatting Protection Act, Uniregistry shall submit a certificate of control to the court, by which the court may direct disposition of the domain name. Uniregistry will implement such orders to the extent that Uniregistry is not itself a party to the litigation or court action in question. In all other instances, Uniregistry will retain its full legal rights to defend, settle or otherwise resolve the litigation or court action.

In the event of litigation arising in the Mutual Jurisdiction specified in the UDRP or the URS, Uniregistry will lock the subject domain name and maintain such lock until Uniregistry receives notice of a decision or dismissal by the court.

For all other court proceedings brought in relation to a domain name of which Uniregistry receives notice, the subject domain name(s) will be locked pending resolution of the proceedings in all instances where the court is of competent jurisdiction over (a) the registrant, (b) the registrar, or (c) which is otherwise served in Uniregistryʹs charter jurisdiction or upon Uniregistryʹs agent for service of process in the United States.

29.1.2.5. Criminal Infringement Matters

Uniregistry will receive service of any warrant, subpoena, seizure order or equivalent directive served in Uniregistryʹs charter jurisdiction, or upon Uniregistryʹs agents for service of process in the United States and the United Kingdom. Uniregistry shall reserve all its rights and defenses for any matter in which Uniregistry is named as a defendant or subject of criminal allegation.

29.1.2.6. Additional IP Investigational⁄Mitigation Tools

29.1.2.6.1. Zone File Access

As referenced elsewhere in the application, Uniregistry shall make the CARS zone file available to third parties under the zone file access agreement. This access may be utilized by, for example, commercial providers of registration watch services available to the intellectual property enforcement community.

29.1.2.6.2. Searchable WHOIS

Under the UDRP and other intellectual property rights enforcement mechanisms, claimants may rely on evidence of patterns of registration, but such patterns have been difficult to investigate. The Searchable WHOIS described in connection with Question 28 of the application provides an additional investigational tool by which claimants may determine whether a registrant is engaged in a pattern of cybesquattting

29.1.2.6.3. WHOIS Integrity

Cybersquatting is frequently associated with fictitious or incomplete WHOIS data. As described in connection with Question 28 of the application, Uniregistry will subject WHOIS data to regular integrity checks after registration of domain names or changes to WHOIS data. Uniregistry will require registrars to receive and to act on reports from the WHOIS Data Problem Report System. In the event that Uniregistry receives communications from ICANN or from third-party reporters indicating registrar failure to receive and act on such reports, Uniregistry will investigate the underlying record and registrar non-compliance, and may suspend or cancel the domain name, and may sanction the registrar according to the schedule of graduated penalties proposed in our response to Question 28 in the event that non-compliance is found.

29.1.2.6.4. Abuse Reporting Point of Contact

The abuse reporting system and processes described in the response to Question 28 will include, as an abuse category, intellectual property or other rights infringement. Reports of intellectual property infringement will be forwarded to the relevant registrar and the registrant identified in the WHOIS data. The abuse reporting form will further include pointers to rights enforcement mechanisms including the UDRP, URS, and WHOIS Data Problem Reporting System.

29.2. RESOURCING

Costs and procurement of the resources described here are detailed in response to Question 47.

29.2.1. Human Resources

See EXHIBIT: ʺ29-Chart-Resourcing.pngʺ for information in the human resources assignment.

The resourcing plan specific to this response follows the principles, guidelines and information set forth in our response to Question 23.

The accompanying chart shows the human resources allocated to the functions depicted in this response.

Uniregistry maintains retainer relationships with two attorneys having extensive experience in internet matters, who will be responsible for reviewing and authorizing response to any incident, report, or law enforcement or court action requiring legal review such as jurisdictional analysis. At any time, at least one of these attorneys shall be ʺon callʺ to immediately address such incidents as circumstances warrant.

29.3. ABOUT THIS RESPONSE

We believe that this answer meets the requirements and addresses all the points of this question:

* We have described how we will implement safeguards against unqualified registrations.
* We will offer both a Sunrise period and a Trademark Claims service
* We implement the URS.
* We implement means to support the UDRP and other dispute mechanisms (such as litigation.)
* We have the contractual vehicles to require compliance by registrars and, indirectly, by registrants.
* These measures are all integrated into our operational and technical designs, procedures, and operations.

We believe that this answer exceeds the requirements of this question:

* We have built rights protection into the core of our systems, procedures, contracts, and operations.
* We provide registrants with tools to monitor for potentially improper registrations.
* We have detailed procedures to suspend or take down names.
* The suite of rights management protections goes significantly beyond the minimum that is required.