Re: Thread 2: 60-day issue

[Simon Higgs <simon@higgs.com>]

At 7:36 PM +0000 12/27/96, Daniel Kaplan wrote:

> Leo Smith wrote:
>
> >The 60 day period establishes a role for CORE (and IAHC) to serve in
> >protecting the interests of third party users. The underlying assumption is
> >that there is a critical need for some intervention by CORE (IAHC)  to
> >reduce trademark problems.
> >The function of CORE should be to facilitate registration of domain names.
> >Why get involved in the problem solving? Leave it to the courts to
> >adjudicate conflicts. Registry responsibility could be as simple as
> >assigning registrations on a FCFS basis, with compulsory removal available
> >only upon an order from a court of proper jurisdiction.
>
> In favor of somehow tackling the "protected-name-issue" (there are other
> protected names than trademarks), I would argue that the idea is not to
> solve the problem, but to provide courts and litigants with some ways of
> solving things before they get too bad. This is also why we are also in
> favor of:
>
> - requiring registrars to obtain (obtain: not verify) some document which
> indicates than the registrant has a legitimate claim to the name it asks
> for (it can be an ID, a company or trademark registration document,
> etc.). The registry does not need to check for the document's validity:
> it only needs to store a certified copy. In case of a dispute, the court
> will do the checking, but this will help it evaluate the registrant's
> good or bad faith, and right to the name.
>

This is the right answer in the wrong order. The registrar must verify
that some kind of documentation has been submitted by the applicant
that satisfies the registration requirement. The registrar has no
obligation to verify the authenticity of that documentation.

This requires close supervision on the part of the registry and is one
of the criteria for my Specialized TLD Class. Ideally the registry has
an insight into the industry defined by the TLD and can easily weed out
false applicants.

This whole document verification process is going to be difficult to
maintain between shared registries. Where do you store the application
documentation?


Regards,

Simon

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