Hi John,
assuming .HSBC opts for the spec, registers a bunch of domain names
where there are TMCH records by other parties and later decides to
go open, should they get to keep the domain names that they have
registered circumventing the Sunrise requirement by using the Spec?
Volker
Volker,
You have confused me.
Are you saying, for example, .HSBC (using Martin
Sutton here!) launching as a dotBRAND might distribute names
that might otherwise go in a Sunrise for trademark holders?
And if .HSBC switches to general availability down
the road, those names will have been registered in circumvention
of a Sunrise?
But if HSBC allows its customers use of their name
(e.g., BBC.HSBC or Orange.HSBC) aren't they the proper
registrants in any regime?
I am having a hard time finding the problem to be
solved.
Help me understand.
Berard
On Apr 15, 2014 1:36 AM, Volker Greimann
<vgreimann@key-Systems.net> wrote:
As obligatory Sunrise is the baby of the IPC and BC, I had
expected them to pick up on this issue as well.
IIRC, if a dotBrand gives up exclusivity, it loses the
dotBrand status and the benefits of the spec. If would have to
allow all registrars to get accredited and execute a sunrise.
However, at that time, the damage may have already been done
as the delayed sunrise may have become a farce if the RO
already registered to its name all names that would be
eligible for sunrise prior to giving up exclusivity. It would
be akin to something that ICANN has been denying to other
applicants, such as geoTLDs, essentially allowing the registry
an unlimited period of exclusivity to reserve domain names to
itself and a select circle of affiliates and licensees before
a sunrise would be applicable.
I am not opposing the spec as it stands today, but I am
pointing out the loopholes that may lead to abuse.
Volker
Am 15.04.2014 09:01, schrieb
Jonathan Robinson:
All,
Please
see note below from Philip Sheppard.
Jonathan
I
noted that Klaus on the Council list asked this
question:
BTW: what happens if a brand
gTLD decides down the road to give up exclusivity
and become available for general use, at some
point that might make perfect business sense.
As
I cannot post to Council, perhaps you would do so
for me.
Its
a legitimate question and one also asked by ICANN
legal staff.
The
answer is in other provisions of Spec 13. In the
circumstances described by Klaus, all of Spec 13
would immediately no longer apply, and the default
RA would apply instead.
Philip
Sheppard
Director
General
Brand
Registry Group
Skype
phsheppard