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29 Rights Protection Mechanisms

gTLDFull Legal NameE-mail suffixDetail
.書籍Amazon EU S.à r.l.valideus.comView
29.1 Introduction
Amazon is applying for .書籍 to provide a dedicated platform for stable and secure online communication and interaction. Amazon has several thousand registered intellectual property assets of all types including trademarks, designs, and domain names – we place the protection of our intellectual property as a high priority and we respect the intellectual property of others.
29.1.1 Rights protection in gTLD registry operation is a core objective of Amazon
We will closely manage this TLD by registering domains through a single registrar. Although Amazon and its subsidiaries will be the only eligible registrants, we will nonetheless require our registrar to work with us on a four-step registration process featuring: (i) Eligibility Confirmation; (ii) Naming Convention Check; (iii) Acceptable Use Review; and (iv) Registration. As stated in our answer to Question 18, all domains in our registry will remain the property of Amazon and will be provisioned to support the business goals of Amazon. Because all domains will be registered and maintained by Amazon (for use that complements our strategic business goals), we can ensure that all domains in our registries will carry accurate and up-to-date registration records.
We believe that the above registration process will ensure that abusive registrations are prevented, but we will continue to monitor ICANN policy developments, and update our procedures as required.
29.2 Core measures to prevent abusive registrations
To further prevent abusive registration or cybersquatting, we will adopt the following Rights Protection Mechanisms (RPMs) which have been mandated for new gTLD operators by ICANN:
• A 30 day Sunrise process
• A 60 day Trademark Claims process

Generally, these RPMs are targeted at abusive registrations undertaken by third parties. However, domains in our registry will be registered only to Amazon or its subsidiaries through a single registrar who will be contractually required to ensure that stated rules covering eligibility and use of a domain are adhered to through a validation process. As a result, abusive registrations should be prevented.
In the very unlikely circumstances that a domain is registered and used in an improper way, we acknowledge that we will be the respondent in related proceedings and we undertake to co-operate fully with ICANN and other appropriate agencies to resolve any concerns.
29.2.1 Sunrise Eligibility
Our Sunrise Eligibility Requirements will clearly state that eligible applicants must be members of the Amazon group of companies and its subsidiaries. Furthermore, all domain names must be used to support the business goals of Amazon. Nonetheless, notice of our Sunrise will be provided to third party holders of validated trademarks in the Trademark Clearinghouse as required by ICANN. Our Sunrise Eligibility Requirements will be published on the website of our registry.
29.2.2 Sunrise Window
As required in the Applicant Guidebook in section 7.1, our Sunrise window will recognize “all word marks: (i) nationally or regionally registered and for which proof of use – which can be a declaration and a single specimen of current use – was submitted to, and validated by, the Trademark
Clearinghouse; or (ii) that have been court-validated; or (iii) that are specifically protected by a statute or treaty currently in effect and that was in effect on or before 26 June 2008”.

Our Sunrise window will last for 30 days. Applications received from an ICANN-accredited registrar will be accepted for registration if they are (i) supported by an entry in the Trademark Clearinghouse (TMCH) during our Sunrise window and (ii) satisfy our Sunrise Eligibility Requirements. Once registered, those domain names will have a one year term of registration. Any domain names registered will be managed by our registrar.
29.2.3 Sunrise Dispute Resolution Policy
We will devise and publish the rules for our Sunrise Dispute Resolution Policy (SDRP) on our registry website. Our SDRP will apply to all our registries and will allow any party to raise a challenge on the following four grounds as required in the Applicant Guidebook (6.2.4):
(i) At the time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty;
(ii) The domain name is not identical to the mark on which the registrant based its Sunrise registration;
(iii) The trademark registration on which the registrant based its Sunrise registration is not of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty; or
(iv) The trademark registration on which the domain name registrant based its Sunrise registration did not issue on or before the effective date of the Registry Agreement and was not applied for on or before ICANN announced the applications received.

Complaints can be submitted through our registry website within 30 days following the closure of the Sunrise, and will be initially processed by our registrar. Our registrar will promptly report to us: (i) the challenger; (ii) the challenged domain name; (iii) the grounds upon which the complaint is based; and (iv) why the challenger believes the grounds are satisfied.
29.2.4 Trademark Claims Service
Our Trademark Claims Service (TMCS) will run for a 60 day period following the closure of our 30 day Sunrise. Our TMCS will be supported by the Trademark Clearinghouse and will provide a notice to third parties interested in filing a character string in our registry of a registered trademark right that matches the character string in the TMCH.
We will honour and recognize in our TMCS the following types of marks as defined in the Applicant Guidebook section 7.1: (i) nationally or regionally registered; (ii) court-validated; or (iii) specifically protected by a statute or treaty in effect at the time the mark is submitted to the Clearinghouse for inclusion.

Once received from the TMCH, with which our registry provider will interface, a claim will be initially processed by our registrar who will provide a report to us on the eligibility of the applicant.
29.2.5 Implementation and Resourcing Plans of core services to prevent abusive registration
Our Sunrise and IP Claims service will be introduced with the following timetable:
Day One: Announcement of Registry Launch and publication of registry website with details of the Sunrise and Trademark Claim Service (“TMCS”)
Day 30: Sunrise opens for 30 days on a first-come, first served basis. Once registrations are approved, they will be entered into the Shared Registry System (SRS) and published in our Thick-Whois database.
Day 60-75: Registry Open, domains applied for in the Sunrise registered and TMCS begins for a minimum of 60 days
Day 120-135: TMCS ends; normal operations continue.
Our Implementation Team will comprise the following:
From Amazon: the Director of IP will lead a team of up to seven experts with experience of domain name management and on-line legal dispute resolution, with access to other teams in Amazon Legal if required.
From NeuStar, registry service provider to Amazon: A Customer Support team of 12, a Product Management Team of four and a Development ⁄ Engineering Team of 19 will be available as required to support the legal team, led by Jeff Neuman. This team has over 10 years’ experience with implementing registry launches including rights protection schemes such as the .biz Sunrise and IP Claims.
In addition, Amazon will be supported by its Registrar which will provide two legal specialists, four client managers and six operational staff. The operational staff will undertake the validation checks on registration requests.
The Implementation Team will create a formal Registry Launch plan by 1 October 2012. This plan will set out the exact process for the launch of each Amazon registry and will define responsibilities and budgets. The Registry website, which is budgeted for in the three year plans provided in our answers to Question 46, will be built by 1 December 2012 or within 30 days of pre-validation testing beginning, whichever is the sooner. It will feature Rules of Registration, Rules of Eligibility, Terms & Conditions of Registration, Acceptable Use Policies as well as the Rules of the Sunrise, the Rules of the Sunrise Dispute Resolution Policy and the Rules of the Trademark Claims Service.
Technical implementation between the registry and the Trademark Clearinghouse will be undertaken by the registry service provider as soon as practical after the Trademark Clearinghouse is operational and announces its integration process.
As demonstrated in our answer to question 46, a budget has been set aside to pay fees charged by the Trademark Clearinghouse Operator for this integration.
The contract we have with our registrar (the RAA) will require that the registrar uses the TMCH, adheres to the Terms & Conditions of the TMCH and will prohibit the registrar from filing domains in our registries on its own behalf or utilizing any data from the TMCH except in the provision of its duties as our registrar.
When processing TMCS claims, our registrar will be required to use the specific form of notice provided by ICANN in the Applicant Guidebook.
We will also require our registrar to implement appropriate privacy policies reflecting local requirements. For example, Amazon is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union.
29.3 Mechanisms to identify and address the abusive use of registered domain names on an ongoing basis
To prevent the abusive use of registered domain names on an ongoing basis we will adopt the following Rights Protection Mechanisms (RPMs) which have been mandated by ICANN:
• The Uniform Dispute Resolution Policy (UDRP) to address domain names that have been registered and used in bad faith in the TLD.
• The Uniform Rapid Suspension (URS) scheme which is a faster, more efficient alternative to the Uniform Dispute Resolution Policy to deal with clear-cut cases of cybersquatting.
• The Post Delegation Dispute Resolution Procedure (PDDRP).
• Implementation of a Thick WHOIS making it easier for rights holders to identify and locate infringing parties.

The UDRP and the URS are targeted at abusive registrations undertaken by third parties and the PDDRP at so called “Bad Actor” registries. As domains in our registry will be registered not to third parties but only to Amazon or its subsidiaries through a single registrar which will be required through contract to ensure that the rules covering eligibility and use of a domain are adhered to, we believe that abusive registrations by third parties should be completely prevented.
Abusive behaviour by representatives of Amazon or our subsidiaries will be prevented by our internal processes, for example the pre-registration validation checks and monitoring of use of our registrar.
We acknowledge that we are subject to the UDRP, the URS and the PDDRP and we will co-operate fully with ICANN and appropriate registries in the unlikely circumstances that complaints against us, as the registrant, are made.
29.3.1 The Uniform Dispute Resolution Policy (UDRP)
The UDRP is an out-of-court dispute resolution mechanism for trademark owners to resolve clear cases of bad faith, abusive registration and use of domain names. The UDRP applies by contract to all domain name registrations in gTLDs. Standing to file a UDRP complaint is limited to trademark owners who must demonstrate their rights. To prevail in a UDRP complaint, the complainant must further demonstrate that the domain name registrant has no rights or legitimate interests in the disputed domain name, and that the disputed domain name has been registered and is being used in bad faith. In the event of a successful claim, the infringing domain name registration is transferred to the complainant’s control.
Amazon or its subsidiaries will be the respondent in all UDRP complaints because we will be the only eligible registrants. Therefore we do not anticipate that there are any circumstances in which complainants can argue that we have “no rights or legitimate interests” in a domain in our registry so the possibility of good faith UDRP complaints should be minimized. In the unlikely circumstances that a complaint is made, we will respond in a timely fashion, reflecting our contractual responsibility to ICANN as a registry operator.
We will be applying for an exemption to Clause 1b of the Registry Operators Code of Conduct. This means that we will not be allowed to transfer domains to third parties as the only registrant will be Amazon or our subsidiaries. Therefore if a complaint against us is filed, the only possible remedy will be the cancellation of the domain instead of the transfer to the complainant.
Should a successful complaint be made we will therefore place the cancelled domain that is the subject of the complaint on a list that prevents it from being registered again.
29.3.2 The URS
The URS is intended to be a lighter, quicker complement to the UDRP. Like the UDRP, it is intended for clear-cut cases of trademark abuse. Under the URS, the only remedy which a panel may grant is the temporary suspension of a domain name for the duration of the registration period (which may be extended by the prevailing complainant for one year, at commercial rates). URS substantive criteria mirror those of the UDRP but with a higher burden of proof for complainants, and additional registrant defences. Once a determination is rendered, a losing registrant has several appeal possibilities from 30 days up to one year. Either party may file a de novo appeal within 14 days of a decision. There are penalties for filing “abusive complaints” which may result in a ban on future URS filings.
As with the description of our UDRP process above, Amazon or its subsidiaries will be the respondent in all URS complaints because we will be the only eligible registrants. Therefore we do not anticipate that there are any circumstances in which complainants can argue that we have “no legitimate right or interest to the domain name” and “that the domain name was registered and is being used in bad faith.” Notwithstanding this, should a complaint be made, we will respond in a timely fashion, reflecting our contractual responsibility to ICANN as a registry operator.
Should a successful complaint be made, we will suspend the domain name for the duration of the registration period.
We will co-operate with the URS panel providers and panelists as we will co-operate with UDRP panel providers and panelists.
Being the only eligible registrant, we will not make changes to a domain in Locked Status or alter a registration record associated with a URS complaint as required in the Applicant Guidebook.
29.3.3 The Post-Delegation Dispute Resolution Procedure (PDDRP)
The PDDRP is an administrative option for trademark owners to file an objection against a registry whose “affirmative conduct” in its operation or use of its gTLD is alleged to cause or materially contribute to trademark abuse. In this way, the PDDRP is intended to act as a higher-level enforcement tool to assist ICANN compliance activities, where rights holders may not be able to continue to turn solely to lower-level multijurisdictional enforcement options in a vastly expanded DNS.
The PDDRP involves a number of procedural layers, such as an administrative compliance review, appointment of a “threshold review panel”, an expert determination as to liability under the procedure (with implementation of any remedies at ICANN’s discretion), a possible de novo appeal and further appeal to arbitration under ICANN’s registry terms. The PDDRP requires specific bad faith conduct including profit from encouraging infringement in addition to “the typical registration fee.”
As set out in the Applicant Guidebook in the appendix summarising the PDDRP, the grounds for a complaint on a second level registration are that, “(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 the reputation of the complainantʹs mark or (ii) impairs the distinctive character or the reputation of the complainantʹs mark, or(iii) creates a likelihood of confusion with the complainantʹs mark.”
Whilst we will co-operate with any complaints made under the PDDRP and we will abide by any determinations, we think it is highly improbable that any PDDRP complaints will succeed because the grounds set out above cannot be satisfied as domains in the registry will not be for sale and cannot be transferred to third parties.
29.3.4 Thick Whois
As required in Specification 4 of the Registry agreement, all Amazon registries will provide Thick Whois. A Thick WHOIS provides a centralized location of registrant information within the control of the registry (as opposed to thin Whois where the data is dispersed across registrars).
Thick Whois will provide rights owners and law enforcement with the ability to review the registration record easily.
We will place a requirement on our registrar to ensure that all registrations are filed with accurate Whois details and we will undertake reviews of Whois accuracy every three months to ensure that the integrity of data under our control is maintained.
Amazon will create and publish a Whois Query email address so that third parties can submit queries about any domains in our registry.
29.3.5 Implementation and Resourcing Plans for mechanisms to identify and address the abusive use of registered domain names on an ongoing basis
Our post-launch rights protection mechanisms will be in place from Day One of the launch of the registry.
To ensure that we are compliant with our obligations as a registry operator, we will develop a section of our registry website to assist third parties involved in UDRP, URS and PDDRP complaints including third parties wishing to make a complaint, ICANN compliance staff and the providers of UDRP and URS panels. This will feature an email address for enquiries relating to disputes or seeking further information on specific domains. We will monitor this address for all of the following: Notice of Complaint, Notice of Default, URS Determination, UDRP Determination, Notice of Appeal and Appeal Panel Findings where appropriate.
As stated in our answer to Question 18, Amazon’s Intellectual Property group will be responsible for the development, maintenance and enforcement of the Domain Management Policy. This will include ensuring that the following implementation targets are met:
• Locking domains that are the subject of URS complaints within 24 hours of receipt of a URS complaint, and ensuring our registrar locks domains that are the subject of UDRP complaints within 24 hours of receipt of a UDRP complaint.
• Confirming the implementation of the lock to the relevant URS provider, and ensure our registrar confirms the implementation of the lock to the relevant UDRP provider.
• Ensuring that our registrar cancels domain names that are the subject of a successful UDRP complaint within 24 hours
• Redirecting servers to a website with the ICANN mandated information following a successful URS within 24 hours
The human resources dedicated to managing post-launch RPM include:
From Amazon: the Director of IP will lead a team of up to seven experts with experience of domain name management and on-line legal dispute resolution, with access to other teams in Amazon Legal if required.
From NeuStar, registry service provider to Amazon: A Customer Support team of 12, a Product Management Team of four and a Development ⁄ Engineering Team of 19 will be available as required to support the legal team, led by Jeff Neuman. This team has over 10 years’ experience with implementing registry launches including rights protection schemes including the .biz Sunrise and IP Claims.
In addition, Amazon will be supported by its Registrar which will provide two legal specialists, four client managers and six operational staff. The operational staff will undertake the validation checks on registration requests.
We are confident that this staffing is more than adequate for a registry where the only registrant is Amazon or its subsidiaries. Of course, should business goals change requiring more resources, Amazon will closely review any expansion plans, and plan for additional financial, technical, and team-member support to put the Registry in the best position for success.
We will also require our registrar to implement appropriate privacy policies reflecting the high standards that we operate. For information on our Privacy Policies, please see: http:⁄⁄www.amazon.com⁄gp⁄help⁄customer⁄display.html⁄ref=footer_privacy?ie=UTF8&nodeId=468496
29.4 Additional Mechanism that exceed requirements
Rights protection is at the core of Amazon’s objective in applying for this registry. Therefore we are committed to providing the following additional mechanisms:
29.4.1 Registry Legal Manager
Amazon will appoint a Legal Manager to ensure that we are compliant with ICANN policies. The Legal Manager will also handle all disputes relating to RPMs. This will involve evaluating complaints, working with external legal counsel and law enforcement, and resolving disputes. The Legal Manager will also liaise with external stakeholders including URS and UDRP panel providers, the TMCH operator and trademark holders as needed.
29.4.2 Rights Protection Help Line
Amazon will maintain a Rights Protection Help Line. Calls to this line will be allocated a Case Number and the following details will be recorded: (i) the contact details of the complainant; (ii) the domain name that is the subject of the complaint or query; (iii) the registered right, if any, that is associated with the request; and (iv) an explanation of the concerns.
An initial response to a query or complaint will be made within 24 hours. The Rights Protection Help Line will be in place on Day One of the registry. The cost of the Rights Help Line is reflected in the Projections Templates provided at Question 46 as part of on-going registry maintenance costs.
The aim of the Rights Protection Help Line is to assist third parties in understanding the mission and purpose of our registry and to see if a resolution can be found that is quicker and easier than the filing of a UDRP or URS complaint.
The Legal Manager will oversee the Rights Protection Help Line.
29.4.3 Registrar Accreditation
Amazon will audit the performance of our registrar every six months and re-validate our Registry-Registrar Agreements annually. Our audits will include site visits to ensure the security of data etc.
29.4.4 Audits of registration records
Every three months, whichever is the most of 250 or 2% of the total of domain names registered in that period will be reviewed by our registrar to ensure accurate registration records and use that is compliant with our Acceptable Use guidelines.
29.4.5 Maintenance of Registry Website
Amazon will create a website for all our registries and we will make it easy for third parties including representatives of law enforcement to contact us by featuring our full contact details (physical, email address and phone number).
29.4.6 Click Wrapping our Terms & Conditions
Although only Amazon and its subsidiaries can register domain names in our registry, we will bring to the attention of requestors of domain names the Terms & Conditions of registration and, especially, Acceptable Use terms through Click Wrapping.
29.4.7 Annual Report
Amazon will publish an Annual Report on Rights Protection in our registries on our Registry Website. This will include relevant statistics and it will outline all cases and how they were resolved.
29.4.8 Contacts with WIPO and other DRS providers
Amazon will invite representatives of WIPO and other DRS providers to review our RPM and to make suggestions on any improvements that we might make after the first full year of operation.
29.4.9 Registrant Pre-Verification
All requests for registration will be verified by our registrar to ensure that they come from a legitimate representative of Amazon or our subsidiaries. A record of the request will be kept in our on-line domain management console including the requestor’s email address and other contact information.
29.4.10 Take down Procedures
Amazon has described Takedown Procedures for domains supporting Abusive Behaviours in Question 28. We think this is very unlikely in a registry where only Amazon or its subsidiaries are registrants but we will reserve the right to terminate a registration and to take down all associated services after a review by our Legal Manager if a takedown for reasons of rights protection is requested by law enforcement, a representative of a court we recognise etc.
29.4.11 Speed of Response
Wherever possible, as outlined above, Amazon committed to a response within 24 hours of a complaint being made. This exceeds the guidelines for the UDRP and the URS.
Please note that in the above answer the terms “We”, “Our” and “Amazon” may refer to either the applicant Amazon EU S.à r.l. or Amazon.com Inc., the ultimate parent.


gTLDFull Legal NameE-mail suffixDetail
.AMAZONAmazon EU S.à r.l.valideus.comView
29.1 Introduction
Amazon is applying for .AMAZON to provide a dedicated platform for stable and secure online communication and interaction. Amazon has several thousand registered intellectual property assets of all types including trademarks, designs, and domain names – we place the protection of our intellectual property as a high priority and we respect the intellectual property of others.
29.1.1 Rights protection in gTLD registry operation is a core objective of Amazon
We will closely manage this TLD by registering domains through a single registrar. Although Amazon and its subsidiaries will be the only eligible registrants, we will nonetheless require our registrar to work with us on a four-step registration process featuring: (i) Eligibility Confirmation; (ii) Naming Convention Check; (iii) Acceptable Use Review; and (iv) Registration. As stated in our answer to Question 18, all domains in our registry will remain the property of Amazon and will be provisioned to support the business goals of Amazon. Because all domains will be registered and maintained by Amazon (for use that complements our strategic business goals), we can ensure that all domains in our registries will carry accurate and up-to-date registration records.
We believe that the above registration process will ensure that abusive registrations are prevented, but we will continue to monitor ICANN policy developments, and update our procedures as required.
29.2 Core measures to prevent abusive registrations
To further prevent abusive registration or cybersquatting, we will adopt the following Rights Protection Mechanisms (RPMs) which have been mandated for new gTLD operators by ICANN:
• A 30 day Sunrise process
• A 60 day Trademark Claims process

Generally, these RPMs are targeted at abusive registrations undertaken by third parties. However, domains in our registry will be registered only to Amazon or its subsidiaries through a single registrar who will be contractually required to ensure that stated rules covering eligibility and use of a domain are adhered to through a validation process. As a result, abusive registrations should be prevented.
In the very unlikely circumstances that a domain is registered and used in an improper way, we acknowledge that we will be the respondent in related proceedings and we undertake to co-operate fully with ICANN and other appropriate agencies to resolve any concerns.
29.2.1 Sunrise Eligibility
Our Sunrise Eligibility Requirements will clearly state that eligible applicants must be members of the Amazon group of companies and its subsidiaries. Furthermore, all domain names must be used to support the business goals of Amazon. Nonetheless, notice of our Sunrise will be provided to third party holders of validated trademarks in the Trademark Clearinghouse as required by ICANN. Our Sunrise Eligibility Requirements will be published on the website of our registry.
29.2.2 Sunrise Window
As required in the Applicant Guidebook in section 7.1, our Sunrise window will recognize “all word marks: (i) nationally or regionally registered and for which proof of use – which can be a declaration and a single specimen of current use – was submitted to, and validated by, the Trademark
Clearinghouse; or (ii) that have been court-validated; or (iii) that are specifically protected by a statute or treaty currently in effect and that was in effect on or before 26 June 2008”.

Our Sunrise window will last for 30 days. Applications received from an ICANN-accredited registrar will be accepted for registration if they are (i) supported by an entry in the Trademark Clearinghouse (TMCH) during our Sunrise window and (ii) satisfy our Sunrise Eligibility Requirements. Once registered, those domain names will have a one year term of registration. Any domain names registered will be managed by our registrar.
29.2.3 Sunrise Dispute Resolution Policy
We will devise and publish the rules for our Sunrise Dispute Resolution Policy (SDRP) on our registry website. Our SDRP will apply to all our registries and will allow any party to raise a challenge on the following four grounds as required in the Applicant Guidebook (6.2.4):
(i) At the time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty;
(ii) The domain name is not identical to the mark on which the registrant based its Sunrise registration;
(iii) The trademark registration on which the registrant based its Sunrise registration is not of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty; or
(iv) The trademark registration on which the domain name registrant based its Sunrise registration did not issue on or before the effective date of the Registry Agreement and was not applied for on or before ICANN announced the applications received.

Complaints can be submitted through our registry website within 30 days following the closure of the Sunrise, and will be initially processed by our registrar. Our registrar will promptly report to us: (i) the challenger; (ii) the challenged domain name; (iii) the grounds upon which the complaint is based; and (iv) why the challenger believes the grounds are satisfied.
29.2.4 Trademark Claims Service
Our Trademark Claims Service (TMCS) will run for a 60 day period following the closure of our 30 day Sunrise. Our TMCS will be supported by the Trademark Clearinghouse and will provide a notice to third parties interested in filing a character string in our registry of a registered trademark right that matches the character string in the TMCH.
We will honour and recognize in our TMCS the following types of marks as defined in the Applicant Guidebook section 7.1: (i) nationally or regionally registered; (ii) court-validated; or (iii) specifically protected by a statute or treaty in effect at the time the mark is submitted to the Clearinghouse for inclusion.

Once received from the TMCH, with which our registry provider will interface, a claim will be initially processed by our registrar who will provide a report to us on the eligibility of the applicant.
29.2.5 Implementation and Resourcing Plans of core services to prevent abusive registration
Our Sunrise and IP Claims service will be introduced with the following timetable:
Day One: Announcement of Registry Launch and publication of registry website with details of the Sunrise and Trademark Claim Service (“TMCS”)
Day 30: Sunrise opens for 30 days on a first-come, first served basis. Once registrations are approved, they will be entered into the Shared Registry System (SRS) and published in our Thick-Whois database.
Day 60-75: Registry Open, domains applied for in the Sunrise registered and TMCS begins for a minimum of 60 days
Day 120-135: TMCS ends; normal operations continue.
Our Implementation Team will comprise the following:
From Amazon: the Director of IP will lead a team of up to seven experts with experience of domain name management and on-line legal dispute resolution, with access to other teams in Amazon Legal if required.
From NeuStar, registry service provider to Amazon: A Customer Support team of 12, a Product Management Team of four and a Development ⁄ Engineering Team of 19 will be available as required to support the legal team, led by Jeff Neuman. This team has over 10 years’ experience with implementing registry launches including rights protection schemes such as the .biz Sunrise and IP Claims.
In addition, Amazon will be supported by its Registrar which will provide two legal specialists, four client managers and six operational staff. The operational staff will undertake the validation checks on registration requests.
The Implementation Team will create a formal Registry Launch plan by 1 October 2012. This plan will set out the exact process for the launch of each Amazon registry and will define responsibilities and budgets. The Registry website, which is budgeted for in the three year plans provided in our answers to Question 46, will be built by 1 December 2012 or within 30 days of pre-validation testing beginning, whichever is the sooner. It will feature Rules of Registration, Rules of Eligibility, Terms & Conditions of Registration, Acceptable Use Policies as well as the Rules of the Sunrise, the Rules of the Sunrise Dispute Resolution Policy and the Rules of the Trademark Claims Service.
Technical implementation between the registry and the Trademark Clearinghouse will be undertaken by the registry service provider as soon as practical after the Trademark Clearinghouse is operational and announces its integration process.
As demonstrated in our answer to question 46, a budget has been set aside to pay fees charged by the Trademark Clearinghouse Operator for this integration.
The contract we have with our registrar (the RAA) will require that the registrar uses the TMCH, adheres to the Terms & Conditions of the TMCH and will prohibit the registrar from filing domains in our registries on its own behalf or utilizing any data from the TMCH except in the provision of its duties as our registrar.
When processing TMCS claims, our registrar will be required to use the specific form of notice provided by ICANN in the Applicant Guidebook.
We will also require our registrar to implement appropriate privacy policies reflecting local requirements. For example, Amazon is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union.
29.3 Mechanisms to identify and address the abusive use of registered domain names on an ongoing basis
To prevent the abusive use of registered domain names on an ongoing basis we will adopt the following Rights Protection Mechanisms (RPMs) which have been mandated by ICANN:
• The Uniform Dispute Resolution Policy (UDRP) to address domain names that have been registered and used in bad faith in the TLD.
• The Uniform Rapid Suspension (URS) scheme which is a faster, more efficient alternative to the Uniform Dispute Resolution Policy to deal with clear-cut cases of cybersquatting.
• The Post Delegation Dispute Resolution Procedure (PDDRP).
• Implementation of a Thick WHOIS making it easier for rights holders to identify and locate infringing parties.

The UDRP and the URS are targeted at abusive registrations undertaken by third parties and the PDDRP at so called “Bad Actor” registries. As domains in our registry will be registered not to third parties but only to Amazon or its subsidiaries through a single registrar which will be required through contract to ensure that the rules covering eligibility and use of a domain are adhered to, we believe that abusive registrations by third parties should be completely prevented.
Abusive behaviour by representatives of Amazon or our subsidiaries will be prevented by our internal processes, for example the pre-registration validation checks and monitoring of use of our registrar.
We acknowledge that we are subject to the UDRP, the URS and the PDDRP and we will co-operate fully with ICANN and appropriate registries in the unlikely circumstances that complaints against us, as the registrant, are made.
29.3.1 The Uniform Dispute Resolution Policy (UDRP)
The UDRP is an out-of-court dispute resolution mechanism for trademark owners to resolve clear cases of bad faith, abusive registration and use of domain names. The UDRP applies by contract to all domain name registrations in gTLDs. Standing to file a UDRP complaint is limited to trademark owners who must demonstrate their rights. To prevail in a UDRP complaint, the complainant must further demonstrate that the domain name registrant has no rights or legitimate interests in the disputed domain name, and that the disputed domain name has been registered and is being used in bad faith. In the event of a successful claim, the infringing domain name registration is transferred to the complainant’s control.
Amazon or its subsidiaries will be the respondent in all UDRP complaints because we will be the only eligible registrants. Therefore we do not anticipate that there are any circumstances in which complainants can argue that we have “no rights or legitimate interests” in a domain in our registry so the possibility of good faith UDRP complaints should be minimized. In the unlikely circumstances that a complaint is made, we will respond in a timely fashion, reflecting our contractual responsibility to ICANN as a registry operator.
We will be applying for an exemption to Clause 1b of the Registry Operators Code of Conduct. This means that we will not be allowed to transfer domains to third parties as the only registrant will be Amazon or our subsidiaries. Therefore if a complaint against us is filed, the only possible remedy will be the cancellation of the domain instead of the transfer to the complainant.
Should a successful complaint be made we will therefore place the cancelled domain that is the subject of the complaint on a list that prevents it from being registered again.
29.3.2 The URS
The URS is intended to be a lighter, quicker complement to the UDRP. Like the UDRP, it is intended for clear-cut cases of trademark abuse. Under the URS, the only remedy which a panel may grant is the temporary suspension of a domain name for the duration of the registration period (which may be extended by the prevailing complainant for one year, at commercial rates). URS substantive criteria mirror those of the UDRP but with a higher burden of proof for complainants, and additional registrant defences. Once a determination is rendered, a losing registrant has several appeal possibilities from 30 days up to one year. Either party may file a de novo appeal within 14 days of a decision. There are penalties for filing “abusive complaints” which may result in a ban on future URS filings.
As with the description of our UDRP process above, Amazon or its subsidiaries will be the respondent in all URS complaints because we will be the only eligible registrants. Therefore we do not anticipate that there are any circumstances in which complainants can argue that we have “no legitimate right or interest to the domain name” and “that the domain name was registered and is being used in bad faith.” Notwithstanding this, should a complaint be made, we will respond in a timely fashion, reflecting our contractual responsibility to ICANN as a registry operator.
Should a successful complaint be made, we will suspend the domain name for the duration of the registration period.
We will co-operate with the URS panel providers and panelists as we will co-operate with UDRP panel providers and panelists.
Being the only eligible registrant, we will not make changes to a domain in Locked Status or alter a registration record associated with a URS complaint as required in the Applicant Guidebook.
29.3.3 The Post-Delegation Dispute Resolution Procedure (PDDRP)
The PDDRP is an administrative option for trademark owners to file an objection against a registry whose “affirmative conduct” in its operation or use of its gTLD is alleged to cause or materially contribute to trademark abuse. In this way, the PDDRP is intended to act as a higher-level enforcement tool to assist ICANN compliance activities, where rights holders may not be able to continue to turn solely to lower-level multijurisdictional enforcement options in a vastly expanded DNS.
The PDDRP involves a number of procedural layers, such as an administrative compliance review, appointment of a “threshold review panel”, an expert determination as to liability under the procedure (with implementation of any remedies at ICANN’s discretion), a possible de novo appeal and further appeal to arbitration under ICANN’s registry terms. The PDDRP requires specific bad faith conduct including profit from encouraging infringement in addition to “the typical registration fee.”
As set out in the Applicant Guidebook in the appendix summarising the PDDRP, the grounds for a complaint on a second level registration are that, “(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 the reputation of the complainantʹs mark or (ii) impairs the distinctive character or the reputation of the complainantʹs mark, or(iii) creates a likelihood of confusion with the complainantʹs mark.”
Whilst we will co-operate with any complaints made under the PDDRP and we will abide by any determinations, we think it is highly improbable that any PDDRP complaints will succeed because the grounds set out above cannot be satisfied as domains in the registry will not be for sale and cannot be transferred to third parties.
29.3.4 Thick Whois
As required in Specification 4 of the Registry agreement, all Amazon registries will provide Thick Whois. A Thick WHOIS provides a centralized location of registrant information within the control of the registry (as opposed to thin Whois where the data is dispersed across registrars).
Thick Whois will provide rights owners and law enforcement with the ability to review the registration record easily.
We will place a requirement on our registrar to ensure that all registrations are filed with accurate Whois details and we will undertake reviews of Whois accuracy every three months to ensure that the integrity of data under our control is maintained.
Amazon will create and publish a Whois Query email address so that third parties can submit queries about any domains in our registry.
29.3.5 Implementation and Resourcing Plans for mechanisms to identify and address the abusive use of registered domain names on an ongoing basis
Our post-launch rights protection mechanisms will be in place from Day One of the launch of the registry.
To ensure that we are compliant with our obligations as a registry operator, we will develop a section of our registry website to assist third parties involved in UDRP, URS and PDDRP complaints including third parties wishing to make a complaint, ICANN compliance staff and the providers of UDRP and URS panels. This will feature an email address for enquiries relating to disputes or seeking further information on specific domains. We will monitor this address for all of the following: Notice of Complaint, Notice of Default, URS Determination, UDRP Determination, Notice of Appeal and Appeal Panel Findings where appropriate.
As stated in our answer to Question 18, Amazon’s Intellectual Property group will be responsible for the development, maintenance and enforcement of the Domain Management Policy. This will include ensuring that the following implementation targets are met:
• Locking domains that are the subject of URS complaints within 24 hours of receipt of a URS complaint, and ensuring our registrar locks domains that are the subject of UDRP complaints within 24 hours of receipt of a UDRP complaint.
• Confirming the implementation of the lock to the relevant URS provider, and ensure our registrar confirms the implementation of the lock to the relevant UDRP provider.
• Ensuring that our registrar cancels domain names that are the subject of a successful UDRP complaint within 24 hours
• Redirecting servers to a website with the ICANN mandated information following a successful URS within 24 hours
The human resources dedicated to managing post-launch RPM include:
From Amazon: the Director of IP will lead a team of up to seven experts with experience of domain name management and on-line legal dispute resolution, with access to other teams in Amazon Legal if required.
From NeuStar, registry service provider to Amazon: A Customer Support team of 12, a Product Management Team of four and a Development ⁄ Engineering Team of 19 will be available as required to support the legal team, led by Jeff Neuman. This team has over 10 years’ experience with implementing registry launches including rights protection schemes including the .biz Sunrise and IP Claims.
In addition, Amazon will be supported by its Registrar which will provide two legal specialists, four client managers and six operational staff. The operational staff will undertake the validation checks on registration requests.
We are confident that this staffing is more than adequate for a registry where the only registrant is Amazon or its subsidiaries. Of course, should business goals change requiring more resources, Amazon will closely review any expansion plans, and plan for additional financial, technical, and team-member support to put the Registry in the best position for success.
We will also require our registrar to implement appropriate privacy policies reflecting the high standards that we operate. For information on our Privacy Policies, please see: http:⁄⁄www.amazon.com⁄gp⁄help⁄customer⁄display.html⁄ref=footer_privacy?ie=UTF8&nodeId=468496
29.4 Additional Mechanism that exceed requirements
Rights protection is at the core of Amazon’s objective in applying for this registry. Therefore we are committed to providing the following additional mechanisms:
29.4.1 Registry Legal Manager
Amazon will appoint a Legal Manager to ensure that we are compliant with ICANN policies. The Legal Manager will also handle all disputes relating to RPMs. This will involve evaluating complaints, working with external legal counsel and law enforcement, and resolving disputes. The Legal Manager will also liaise with external stakeholders including URS and UDRP panel providers, the TMCH operator and trademark holders as needed.
29.4.2 Rights Protection Help Line
Amazon will maintain a Rights Protection Help Line. Calls to this line will be allocated a Case Number and the following details will be recorded: (i) the contact details of the complainant; (ii) the domain name that is the subject of the complaint or query; (iii) the registered right, if any, that is associated with the request; and (iv) an explanation of the concerns.
An initial response to a query or complaint will be made within 24 hours. The Rights Protection Help Line will be in place on Day One of the registry. The cost of the Rights Help Line is reflected in the Projections Templates provided at Question 46 as part of on-going registry maintenance costs.
The aim of the Rights Protection Help Line is to assist third parties in understanding the mission and purpose of our registry and to see if a resolution can be found that is quicker and easier than the filing of a UDRP or URS complaint.
The Legal Manager will oversee the Rights Protection Help Line.
29.4.3 Registrar Accreditation
Amazon will audit the performance of our registrar every six months and re-validate our Registry-Registrar Agreements annually. Our audits will include site visits to ensure the security of data etc.
29.4.4 Audits of registration records
Every three months, whichever is the most of 250 or 2% of the total of domain names registered in that period will be reviewed by our registrar to ensure accurate registration records and use that is compliant with our Acceptable Use guidelines.
29.4.5 Maintenance of Registry Website
Amazon will create a website for all our registries and we will make it easy for third parties including representatives of law enforcement to contact us by featuring our full contact details (physical, email address and phone number).
29.4.6 Click Wrapping our Terms & Conditions
Although only Amazon and its subsidiaries can register domain names in our registry, we will bring to the attention of requestors of domain names the Terms & Conditions of registration and, especially, Acceptable Use terms through Click Wrapping.
29.4.7 Annual Report
Amazon will publish an Annual Report on Rights Protection in our registries on our Registry Website. This will include relevant statistics and it will outline all cases and how they were resolved.
29.4.8 Contacts with WIPO and other DRS providers
Amazon will invite representatives of WIPO and other DRS providers to review our RPM and to make suggestions on any improvements that we might make after the first full year of operation.
29.4.9 Registrant Pre-Verification
All requests for registration will be verified by our registrar to ensure that they come from a legitimate representative of Amazon or our subsidiaries. A record of the request will be kept in our on-line domain management console including the requestor’s email address and other contact information.
29.4.10 Take down Procedures
Amazon has described Takedown Procedures for domains supporting Abusive Behaviours in Question 28. We think this is very unlikely in a registry where only Amazon or its subsidiaries are registrants but we will reserve the right to terminate a registration and to take down all associated services after a review by our Legal Manager if a takedown for reasons of rights protection is requested by law enforcement, a representative of a court we recognise etc.
29.4.11 Speed of Response
Wherever possible, as outlined above, Amazon committed to a response within 24 hours of a complaint being made. This exceeds the guidelines for the UDRP and the URS.
Please note that in the above answer the terms “We”, “Our” and “Amazon” may refer to either the applicant Amazon EU S.à r.l. or Amazon.com Inc., the ultimate parent.