ICANN | Questions to and Answers from Applicant for .africa, .llc, .sansansan, and others

Questions to and Answers from Applicant for .africa, .llc, .sansansan, and others

ICANN Questions:

ICANN is in the process of reviewing Rathbawn's TLD Application. As outlined in the October 23, 2000 TLD Application Review Update which appears at http://www.icann.org/tlds/tld-review-update-23oct00.htm, ICANN may "gather the additional information [it] require[s] by posing specific questions to applicants in e-mail and requesting a written response."

Keeping in mind the goal to evaluate applications to operate or sponsor new TLDs in as open and transparent a manner as possible, both the questions posed by ICANN and the Applicant's responses will be publicly disclosed on the ICANN website.

Accordingly, ICANN requests your reponses to the following questions:

1. Identify and summarize Applicant's assumptions with respect to the existence of other general purpose TLDs in determining the total number of registrations in your application.

2. State in detail your position as it relates to possible legal claims by certain applicants and/or non-applicant third parties based on alleged trademark, patent or other violations of purported rights in the TLDs identified in your application.

3. If you receive a new TLD, state whether you will indemnify ICANN for claims arising from legal challenges regarding your right to operate the new TLD. If you will indemnify ICANN, identify and describe in detail the resources you propose to utilize for the indemnification.

Rathbawn Responses:

1. The relevant assumptions were:

1. No identical or substantially identical new general purpose TLD to those applied for would be granted;

2. At lease several new general purposeTLDs, of the order of a half dozen or thereabouts, would be granted by ICANN.

2. The gtlds for which we have applied attract a low risk of credible proceedings.

Given the current state of the law, it would require a fairly dramatic change of direction at the appellate level for the risk to become significant.

We have access to ample legal resources to enable any proceedings to be effectively defended.

3. An indemnity will be provided to ICANN. the structural character of the proposed indemnity is confidential and will be provided to ICANN in confidential session. We are confident that it will satisfy any concerns which ICANN might have. We will consent to the grant of new TLDs on certain conditions relevant to the provision of this indemnity. These conditions will be provided to ICANN in confidential session.

The information should remain confidential as it is the subject of legal privilege and should not become available to potential adverse litigants.

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