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Re: How does a 60-day waiting period promote URL stability? (was something else)



Carl Oppedahl writes:
>>OK - Simple question:
>
>>If I register a name - and wait 60 days - will this protect my name from
>>being claimed by any owner of a trademark of that name?
>
>A review of the above should make clear that the answer is "no".  Any
>self-imposed waiting period is going to be ineffectual.  It wasn't "a
>waiting period that is uniformly applied, well publicized, well explained,
>and clearly set forth so that courts will know all about it and why it was
>put into place."
>

Carl,

This is indeed very good explanation. However, could you please explain what 
is the (intended) difference between a) waiting 60 days and not using the 
domain name, including the registry actually not inserting it into DNS, and b) 
being advised that if your domain is challenged within the first 60 days of it 
being applied for, (where it is eventualy inserted in DNS sometime before this 
period ends) the applicant may have to discontinue using the domain name.

Proceduraly, it is simpler from the registry point of view to follow a) above. 
However, what is left uncertain is under what circumstances should the 
registry not register the name (under a] above) and the applicant not use it. 
Who will have the authority to decide that?

Under b) if the domain name applicant is challenged and they see that they may 
lose the case, the procedure is clear - they simply request the domain name to 
be removed. Whoever wins the case then applies for it on their own. There is a 
possible confusion with the currently existing hold-period in some registries, 
when a domain name is being removed, but this may be worked out.

Regards,
Daniel Kalchev
BG-NIC, BG TLDA