Re: 60 day period

[Simon Higgs <simon@higgs.com>]

At 4:11 AM -0500 1/10/97, Albert Tramposch wrote:

> The *only* involvement of the registry in the 60-day period or in any
> trademark disputes arising during that period is the following:
>
> 1.	Receiving an application (in good form) for a domain name;
>
> 2.	Publishing the domain name;
>
> 3.	Waiting 60 days;
>
> 4.	Issuing the registration to the applicant so that the domain name can be
> used.
>

If only life was that simple it could all be accomplished in the first
24 hours.

> This procedure will be followed in *every* case.  It will be
>followed, whether
> or not there is a challenge during the 60-day period.  The
>registration *will*
> be issued at the conclusion of the 60-day period, even if the trademark owner
> takes the applicant to court during the 60 days;  even if the trademark owner
> sends a letter to the registrar demanding that the registration be withheld.
>

Thus allowing the registry to be the subject of a lawsuit by the
challenger on the 61st day for KNOWINGLY issuing a domain name to a
disputed applicant.

I fail to see any benefits at all from this.

> This is why IAHC members have stated on the list that the IAHC policy would
> take the registry out of the disputes.  There *is* no role for the registry,
> either than to wait the 60 days to allow disputes to surface.  And it is the
> early surfacing of disputes that is seen as the value of the 60-day
>period for
> all, as has been stated.
>

By design, there is no role for the registry to play. But also, by the
same design, the registry will get sued on the 61st day, and it's hands
are completely tied. This is ludicrous.

Regards,

Simon

--
If at first you don't succeed, skydiving is not for you.