29 Rights Protection Mechanisms

Prototypical answer:

gTLDFull Legal NameE-mail suffixDetail
.FirmdaleFirmdale Holdings Limitedfirmdale.comView

Q29. The .firmdale TLD will be a single registrant registry with only the Applicant, as registrant with its affiliates (other entities under common control) and subsidiaries using domains for its hotels, restaurants, bars and other ancillary businesses including its property development business and laundry business. The Applicant Firmdale Holdings Ltd (“Firmdale”) prohibits third party registrations; and will not offer for general public registrations domains under TLD .firmdale. This policy will prevent most if not all opportunities for activities which would affect the rights of others including potential abusive activities.

Trademark Clearinghouse

Firmdale would offer a 90 days sunrise and intellectual property claims services using the facilities of the Trademark Clearinghouse for the protection of trademarks, if the registry were to go ever permit public registrations. It is not in the interest or intention of the Applicant for this to ever occur. The purpose for the Firmdale TLD is for the use by the Applicant, its affiliates, subsidiaries and future undertakings. With no names being offered to the public or to other trademark owners, there will be no need for trademark holders to register their trademark or word marks to prevent unauthorised use in the Firmdale domain space. In addition there will be no need to resolve conflicting rights or claims over trademarks and work marks under the .firmdale space as none of these names shall be made available to the public or to potentially conflicting trademark holders.

Firmdale agrees to adhere to the Clause 6 ‘Mandatory Rights Protection Mechanisms’ and Clause 7 ‘Protection for Marks in Clearinghouse’ of the Trademark Clearinghouse attachment to the Draft Applicant Guidebook in the event the registry permits public registrations. Firmdale shall also take reference to the Trademark Notice as attached in the same document.

The Applicants basic registration rules include the following:
1) All domain names in the TLD shall be registered to Firmdale Holdings Ltd, its subsidiaries, affiliates* or future undertakings. Registrations to third parties are prohibited.
2) Domain names must be 1-63 characters, the characters which may be used in a label are the 26 letters [ʺAʺ-ʺZʺ] of the Roman alphabet without regard to upper- or lower-case, the 10 digits [ʺ0ʺ-ʺ9ʺ] and the hyphen [ʺ-ʺ]. The hyphen may not be used as the initial or final character of a label.
3) Tagged Domain Names not permitted ie Names with ʺ-ʺ on the third and the fourth position may not be used(e.g., ʺbq—1h2n4j4cʺ).
4) Two letter and three letter names must not be used to represent countries or territories (as per draft Registry Agreement Specification 5 restricted names) and if used must be obviously associated with the business of Firmdale.
5) Firmdale permits IDNs .firmdale.
6) Domain Name abuse is strictly prohibited and includes but is not limited to its Domain Name Anti-Abuse Policy.
7) All domain names shall be subject to Registry “Policies” means any rules, standards, procedures, requirements, practices and other policies of Firmdale Holdings Ltd, or any other competent entity or authority including any ICANN consensus policies and any other rules, standards, procedures, requirements, practices and other policies promulgated by ICANN or as determined by Firmdale.
8) Disputes will be under the ICANN UDRP (Uniform Domain Name Dispute Resolution Policy)
9) Uniform Rapid Suspension System (URS) will be available offer trademark owners a quick and low-cost procedure to take down infringing websites.
10) The Registry will comply with ICANN’s PDDRP Post-Delegation Dispute Resolution Procedures whether at the top level or second level.
In addition to the above rules for registrations, Firmdale policy includes the following provisions.
Firmdale prohibits its domain names used for infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulations.

Firmdale reserves the right at its sole discretion to place upon registry lock, hold or similar status a domain name during resolution of a dispute. Abusive uses, as defined above, undertaken with respect to .firmdale domain names shall give rise to the right of Firmdale to take such actions including cancelling and suspension as it determines in its sole discretion.

Firmdale may cancel registration or suspend registrations:
a) if ordered to do so by a court of competent jurisdiction;
b) to comply with government rules or requirements, to comply with requests of law enforcement or any applicable laws;
c) if there is breach of its terms and conditions including its privacy policy;
d) if the continued use of a domain name could cause technical problems on the Internet, or the integrity or stability of the registry
e) if the website the name has been judged to infringe the trademark or other intellectual property of a third party
f) if inaccurate or false contact details are provided; or
g) if to avoid any liability, civil or criminal on the part of Firmdale, as well as its affiliates, subsidiaries and subcontractors, employees, and stockholders or each of them

Firmdale prohibits its domain names used for infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulations.

Firmdale reserves the right at its sole discretion to place upon registry lock, hold or similar status a domain name during resolution of a dispute. Abusive uses, as defined above, undertaken with respect to .firmdale domain names shall give rise to the right of Firmdale to take such actions including cancelling and suspension as it determines in its sole discretion.

Firmdale may cancel registration or suspend registrations:
a) if ordered to do so by a court of competent jurisdiction;
b) to comply with government rules or requirements, to comply with requests of law enforcement or any applicable laws;
c) if there is breach of its terms and conditions including its privacy policy;
d) if the continued use of a domain name could cause technical problems on the Internet, or the integrity or stability of the registry
e) if the website the name has been judged to infringe the trademark or other intellectual property of a third party
f) if inaccurate or false contact details are provided; or
g) if to avoid any liability, civil or criminal on the part of Firmdale, as well as its affiliates, subsidiaries and subcontractors, employees, and stockholders or each of them

The procedure recommended in the event a claimant believes there has been a breach of the above rules or policy guidelines, the claimant should first contact Mr Mark Rupert Read, as displayed on the Registry website with email, postal address, telephone means available to raise such a claim. If in Firmdale’s discretion it believes that there has been a breach of the above policy, then Firmdale will cancel the registration, lock the domain, removing the offending website or content as Firmdale deems appropriate. If such a claimant is not happy with the action taken by Firmdale, then the Claimant can use URS, or UDRP procedures.

Uniform Dispute Resolution Policy (UDRP)
Firmdale will adopt UDRP within the Registration Agreement and also be adopted by any firmdale authorized and accredited registrars. The UDRP will provide any trademark claims a dispute resolution process.

Uniform Rapid Suspension System (URS)
The Registry will cooperate with ICANN for the implementation of URS, shall the policies and procedures are finalized. The involvement of the registry for the scope of URS shall include the followings:
• Upon completion of the Administrative Review, the URS Provider will immediately notify the registry (via email) (“Notice of Compliant”) after the Compliant has deemed compliant with the filing requirements. Within 24 hours of receipt of the Notice of Complaint from the URS Provider, the registry shall “lock” the domain name, meaning the registry shall restrict all changes to the registration data, including transfer and deletion of the domain names, but the name will continue to resolve. The registry will notify the URS provider immediately upon locking the domain name (“Notice of Lock”).
• If after the Examination in Default case, the Examiner rules in favor of the Registrant, the URS provider shall notify the registry. Upon receiving the official notice from the URS provider, the registry will unblock the name and return full control of the domain name registration to the Registrant.
• If the Determination is in favor of the Complainant, upon receiving the official decision from the URS provider, the registry will suspend the domain name, which shall remain suspended for the balance of the registration period and would not resolve to the original web site. The nameservers shall be re-directed to an informational web page provided by the USR Provider.
• The Registry will incorporate URS into the Registration policies, as a takedown measures and procedures to minimize abusive registration.

Resource Plan

All registrations will be reported to the Head of IT, Mr Mark Rupert Read, on a daily basis so that anything untoward will be dealt within 48 hours. In his absence, Mr Read has a team of 5 others in his IT department to deal with any matters. Initial responses time will be within 48 hours. The risk is more from unauthorised access rather than in the course of the registry business which prohibits third party registrations.

Firmdale expects to have no more than 100 names registered for its own uses during the first three years of operations. Firmdale prohibits the use of its domain names by third parties. Rights of trademark holders will be protected by not allowing third parties, whether trademark holders or other persons to register domain names in the TLD Firmdale registry.


Similar gTLD applications: (0)

gTLDFull Legal NameE-mail suffixzDetail