|   |  
            |  
          Intellectual
            Property Constituency Comparison of New TLD Applications |  
          
        
      IPC Evaluation Chart for Proposed
      TLD(s)
      (Prepared
      by the IPC, October, 2000)
      Legend 
      G = Good ------- Favorable approach,
      which should be further developed 
      S = Satisfactory ------- Status quo
      with existing TLD policies, or new policies which may not be
      objectionable. 
      U = Unsatisfactory ------- IPC provisions
      not addressed or addressed in an unsatisfactory way. 
      I=Insufficient Information ------- Reference
      to IPC provisions, but lacking in sufficient detail.
 
        
              A.   
      Does the proposal have a well thought-out plan for allocation
      of names during the start up phase of the TLD in a way that protects
      the legitimate interests of significant stake holders, including
      existing domain-name holders, businesses with legally protected
      names, and others with which conflict is likely (i.e. Sunrise
      mechanism for registered trademarks)?  
        
             
      B.    Does the proposal provide
      for a reasonably accessible and efficient mechanism for resolving
      domain name disputes (i.e. means for resolving charter violations;
      application of the UDRP)?  
        
               C.   
      Has the proponent considered intellectual property protections
      for third party interests (periodic sampling to uncover incomplete
      contact information; publication of domain name before it goes
      live; periodic review of sites to ensure charter compliance;
      means for third parties to challenge registration of their personal
      names, etc.)?  
        
               
      D.    Does the proposal make
      adequate provision for WHOIS service that strikes an appropriate
      balance between providing information to the public regarding
      domain-name registrations in a convenient manner and offering
      mechanisms to preserve personal privacy (i.e. access to complete,
      accurate, and up-to-date WHOIS data; centralized registry WHOIS;
      WHOIS w/o arbitrary limits on the number of hits; multi-field
      WHOIS)?  
         
        
               
      E.    Does the proposal incorporate
      policies that are likely to discourage abusive registration practices
      (i.e. rules governing who may register in a chartered TLD; prescreening
      of applications in chartered domains to ensure compliance w/charter;
      cancellation of domain for submission of false contact data or
      use of a domain name for illegal purposes)?  
         
        
        
          | 
            Proposed TLD(s) | 
          
            A | 
          
            B | 
          
            C | 
          
            D | 
          
            E | 
          
            COMMENTS | 
         
        
          | .ads (Name Space) |  
          U |  
          U |  
          U |  
          U |  
          I |  
          
             (A) No plan for start-up other than reliance
            on the introduction of a large number of TLDs to avoid a rush.
            (B) No UDRP. (D) Registrants may choose not to have their domain
            names listed in any public directories (opt-out). (E) Need more
            information on pre-screening. Mandates use of domain name within
            a reasonable time, forbids registration for sole purpose of resale,
            and prescreens for "(f)amous and well established and recognized
            trademarks" (although no such list exists).  
            Unwise in principle to move ahead on industry-specific
            TLDs in which industry has not participated (e.g.,. shoes, .cars,
            .travel).
            |  
         
        
          | 
             .africa, etc. (Rathbawn)  
               
               
                
            .LLC, etc.  
            .wap  
            .sansansan, etc.  
            .xxx and .sex  
            .africa
            |  
          
                
               
               
               
            U  
            U  
            U  
            U  
            U
            |  
          
                
               
               
               
            S  
            U  
            I  
            U  
            U
            |  
          
                
               
               
               
            I  
            I  
            I  
            S  
            U
            |  
          
                
               
               
                
            S  
            I  
            I  
            I  
            U
            |  
          
                
               
               
               
            G  
            I  
            I  
            S  
            U
            |  
          
             General Comment:
            The main application and the annexes have some inconsistencies. 
            For example, in the main application, the applicant states that
            there will be a "sunrise" period of one month for "famous"
            or "registered" marks to pre-register.  However,
            several of the annexes specifically state that there will be
            no "sunrise" period.  Given that the main application
            doesn't appear to apply to the individual TLD strings, IPC has
            rated each annex that sets forth the criteria related to the
            specific TLD.   
            In general, the annexes describing the specifics
            for each of the proposed TLDs either omit or provide insufficient
            information with respect to satisfying the BC/IPC principles. 
            |  
         
        
          | .air (Societe Internationale
            de Telecommunications Aeronautiques |  
          S |  
          S |  
          S  |  
          S |  
          S  |  
          (A) Use of domain
            name permitted only by accredited air transport related entities.
            No special start up procedure and will implement WIPO protection
            for well-known marks when specified. (B) Registrants should accept
            UDRP. (C) SITA has internal guidelines and processes and will
            also follow UDRP. (D) Will have WHOIS. Unclear, however, on prohibition
            of false contact data and searchability of WHOIS. (E) Will have
            pre-screening. Has mechanisms to avoid abuses and to deal with
            if not avoided. |  
         
        
          | .biz (Abacus America,
            Inc.) |  
          U |  
          S |  
          I |  
          I |  
          U |  
          (A) "Sunrise"
            proposal only for "famous marks" in startup,
            although no such list exists. Prescreening for same name in other
            TLDs. (D) Explanation on WHOIS insufficient. (E) No provision
            for cancellation due to false contact data or illegal use. |  
         
        
          | .biz, etc. (Affinity
            Internet, Inc.) |  
          G  |  
          G |  
          G |  
          G |  
          S |  
          (A) Restricted to
            active businesses; Registrar performs trademark search if applicant
            has no trademark registration for area of business (country).
            "Sunrise" for "major marks." (B) Modified
            UDRP. Manual examination. (D) Enhanced WHOIS searchability. (E)
            Highly restricted domain, and extensive prescreening. However,
            no explicit provision regarding cancellation due to false contact
            data. |  
         
        
          | .biz,
            etc. (iDomains, Inc.) |  
          G |  
          S |  
          G |  
          G |  
          G |  
          (A) "Sunrise"
            present. (B) UDRP present. (D) "Fat" registry with
            query-based searches, and monitored subscription service for
            more complex queries across multiple fields. However, monitoring
            function of WHOIS subscription service must be clarified. Sampling
            of data for accuracy. |  
         
        
          | .biz
            (JVTeam, LLC) |  
          U |  
          U |  
          U |  
          S |  
          U |  
          (A)
            No "sunrise" provision, but will, for a fee, alert
            a mark owner of registration of notified marks. Notification
            of a trademark is insufficient to block registration by someone
            else. (B) Applicant espouses a UDCRP which is a modified version
            of the UDRP - it is unclear as to what
            the need for a modification of the existing UDRP is. Need for
            use of the modified UDRP for charter violations. (C) No sampling;
            pre-publication except for those who pay for such a service.
            (D) Existing WHOIS, although some concern over how privacy rules
            apply and how bulk access is defined. (E) No effort is made to
            prescreen; only a self-certification: As a registry it puts enforcement
            burden on registrars. |  
         
        
          | .biz,
            etc (KDD Internet Solutions Co, Ltd) |  
          U |  
          S |  
          S |  
          U |  
          S |  
          (A)
            No "sunrise" provision. (B) UDRP. (D) Closed WHOIS
            possible. Blanket opt-out of WHOIS. |  
         
        
          | .cash,
            etc. (Diebold Incorporated) |  
          G |  
          G |  
          S |  
          S |  
          S |  
          (A)
            Expanded "sunrise" provision. (B) UDRP present, encourages
            further development. (D) Unclear on enhanced searchability of
            WHOIS. (E) Commits to suspending registration based on false
            contact data, but no third party challenge mechanism provided.  |  
         
        
          | .co-op, etc (Cooperative
            League of the USA) |  
          G |  
          S |  
          S |  
          I |  
          S |  
          (A) Registrations
            during start-up phase (6 mos.) is limited to members of NCBA,
            who can only register their legal name or obvious abbreviations
            thereof. (B) Registrars are required to apply UDRP. (D) Minimal
            information on WHOIS (may be status quo). (E) NCBA/ICA will review
            applications to ensure their applicants are legitimate cooperative
            associations meeting well-established criteria for co-ops. |  
         
        
          | .dir (Novell) |  
          S |  
          S |  
          S |  
          S |  
          S |  
          (A) Companies must
            have an existing domain name registration in the .com, .org,
            or .net domain to register a .dir, and then it is registered
            by simply adding ".dir" to the existing domain name,
            e.g. "abc.com.dir". Therefore any conflict in the .dir
            domain will occur only where there is a corresponding conflict
            in the .com, .org, or.net domain; (B) ICANN UDRP applies.
            (D) Status quo on WHOIS, etc. |  
         
        
          | .dot, etc. (Neustar,
            Inc.) |  
          U |  
          G |  
          S |  
          S |  
          S |  
          (A) Application
            states that registry will implement "Daybreak/Sunrise"
            proposals only if mandated by ICANN; (B) Adopt UDRP, including
            provisions for charter violations. (C) Proposes a notification
            system where owners of registered marks can enroll their names,
            and be notified when someone registers a domain name with that
            string. This is solely a notification systemthe trademark
            owners only recourse is UDRP or litigation. (D) Status
            quo on WHOIS. (E) Same procedures as .com. |  
         
        
          | .dubai, etc. (Dubai Technology,
            Electronic Commerce and Media Free Zone Authority |  
          I |  
          S |  
          U |  
          S |  
          I |  
          (A)Several
            possible approaches are being "considered" establishing
            a list of famous marks (to which one could pay to be included),
            registered trademarks, etc. "could" benefit from a
            "right of first refusal." More definite information
            needed. (B) Will adopt existing, or as modified, ICANN UDRP.
            (C) No sampling for complete contact information, no prior publication,
            etc. (but see vague list at the beginning of E5.1). (D) Teamed
            with VeriSign to run the WHOIS system for the Registry; Registrars
            will provide all WHOIS information required by ICANN-accredited
            registrars. (E) While E5.3 speaks of a "statement of justification,"
            a "description of purpose" etc. at the front end, these
            measures are only being "considered." No cancellation
            for false contact data. |  
         
        
          | .event (Internet
            Events) |  
          S |  
          S |  
          S |  
          S  |  
          S |  
          (A) Closed to public
            during six-month startup period. (B) Follow UDRP. (C) Failure
            to comply with restrictions may lead to revocation. (D) WHOIS
            available through registry and registrars.  |  
         
        
          | .fin (Association
            Monegasque des Banques) |  
          U |  
          S |  
          G |  
          S  |  
          S  |  
          (A) No "sunrise"
            provision. (B) Follow UDRP and UNCITRAL. (C) Thirty-day waiting
            period before registration and publication of application. (D)
            WHOIS is gTLD status quo plus fat registry and possibly
            additional search capabilities. (E) Prescreening limits those
            becoming registrants. Registration criteria and cancellation
            procedures should be better spelled out.  |  
         
        
          | .find
            (Monsoon Assets) |  
          I |  
          S |  
          I |  
          U |  
          I |  
          General
            Comment: The Description of TLD Policy
            covers .find as an alternative. As this is a directory service
            the questions are not fully applicable. This appears to be essentially
            a search engine for Yellow Pages directories. No URLs in
            this TLD will be registered; there are no registrars; no discussion
            of WHOIS. |  
         
        
          | .firm
            (Eastern Communications) |  
          U |  
          S |  
          S |  
          S |  
          S |  
          
             (A) Prescreening for famous and well-known
            marks, but no "sunrise" period. IPC notes that no famous
            marks list exists. (B) Will follow UDRP and will introduce mediation,
            if both parties agree. (D) WHOIS is status quo. (E) Will follow
            WIPO Study Annex IV to address abusive domain name registrations.   
            Unwise in principle to move ahead on industry-specific
            TLDs in which industry has not participated (.game and .tours).
            |  
         
        
          | .geo
            (SRI International) |  
          G |  
          S |  
          G |  
          G |  
          G |  
          
             (A) Trademark-type search prior to accreditation
            (registration), followed by a sixty-day opposition period. (B)
            Will adopt the UDRP.  
            (D) WHOIS at registry level with enhanced
            searchability. (E) Appears to accept responsibility for notice
            and take down under DMCA, though this needs clarification. This
            TLD is invisible to end-users. 
            |  
         
        
          | .health
            (World Health Organization) |  
          S |  
          S |  
          S |  
          U |  
          S |  
          (A)
            Startup period of three to six months with stringent screening.
            (B) UDRP will be adopted. (D) Less than full range of status
            quo data elements will be made public via WHOIS. (E) Revocation
            possible for abusive practice. |  
         
        
          | .i
            (Sarnoff Corporation) |  
          G |  
          S |  
          G |  
          U |  
          G |  
          (A)
            "Daybreak" period provides preemption for trademark
            owners. (B) UDRP followed in all contracts. (C) Will use a takedown
            provision for similar domains names registered after registrant
            found to be a bad faith registrant in UDRP. (D) Only registrant
            name and number of registered domains will be available via WHOIS.
            All other information requires attorney certification and only
            for trademark purposes. (E) Registrations non-transferable. |  
         
        
          | .info,
            etc. (Affilias, LLC) |  
          G |  
          G |  
          U |  
          S |  
          I |  
          (A)
            Institution of "sunrise." (B) UDRP and dispute resolution
            procedure during "sunrise" period. (C) No periodic
            sampling to uncover incomplete contact information and no publication
            of domain name before it goes live. (D) Registry level WHOIS,
            lists information that will be made available, enhanced searchability
            available, but for a fee. (E) No information referring to cancellation
            due to false contact data. |  
         
        
          | .jina,
            etc. (The Global Name Registry, Limited) |  
          U |  
          U |  
          I |  
          U |  
          U |  
          
             General Comment:
            Application sorely lacking in the  necessary protections.
            Most obvious was the apparent confusion created by the application.
            The application purports to be for "personal names for personal
            use"; however, the application goes on to indicate that
            this is an "unrestricted" TLD. While the application
            has put some procedures in place, the proposed procedures are
            totally inadequate.   
            No provision for cancellation due to false
            contact data; registrar WHOIS obligations unclear; reference
            to notice and take down unclear. 
            |  
         
        
          | .kids
            (Blueberry Hill Communications) |  
          U |  
          S |  
          S |  
          S |  
          U* |  
          
             General Comment:
            This proposal offers nothing new with regard to IP protection.
            Throughout the application, the applicant states that the UDRP
            is the appropriate vehicle for resolving disputes, but is vague
            as to how this would be accomplished.   
            (A) No "sunrise" provision in accordance
            with IPC guidelines. (B) The application does call for a modification
            of the UDRP to handle disputes between legitimate rights holders
            during the "sunrise period," that would then disappear
            at the end of the "sunrise period." The application
            only provides "enhanced" protection for trademark holders
            that provide an affidavit. This affidavit is drafted to prove
            fame of the mark and the last two paragraphs of the Affidavit
            are somewhat disturbing. (D) Status quo on WHOIS. (E) *Although
            not every open TLD is unsatisfactory, the IPC has concern that
            the .kids designation is misleading, in that the public will
            likely regard it as a restricted TLD.
            |  
         
        
          | .kids
            (by DotKids, Inc.) |  
          U |  
          S |  
          I |  
          I |  
          U* |  
          (A)
            The application does propose a "sunrise proposal,"
            but it talks in terms of "globally recognized" trademarks.
            No "globally recognized" mark list exists. The application
            also indicates that the cost of such registration would be prohibitively
            expensive. The proposal contains several statements indicating
            DotKids, Inc. willingness to work with IP owners to ensure
            IP protection; however, the proposal is very short on any type
            of specifics in this regard. (D) Fat registry WHOIS, but the
            absence of some specifics leaves open questions (e.g., how many
            hits will be available, what type of searching can be done, etc.)
            (E)* Explicit reference to cancellation for bad data. Lastly,
            while not technically a chartered TLD this application does indicate
            that it will have a contractual provision with regard to the
            type of content a registrant may provide in the proposed .kids
            TLD. Need to incorporate registration restrictions into a charter. |  
         
         
        
          | .kids
            and .xxx (ICM Registry) |  
          S |  
          G |  
          G |  
          G |  
          G |  
          (A)
            Positive that "sunrise" applied to registered trademarks,
            but cannot endorse use of "sunrise" for common law
            marks. (B) Advocates UDRP, has means for resolving charter violations.
            (C) Confirmation of payment, strong back-end charter compliance
            checks. (D) Centralized registry is positive aspect, mentions
            "up-to- date," some concern over subscription service
            ($200/yr), needs more detail on what type of information will
            be made available, monitoring function of WHOIS subscription
            service must be clarified; (E) Negative - no provision for prescreening
            to ensure charter compliance, positive is provision for cancellation
            of domain name when false contact data is provided, contact point
            for reporting instances of charter violations or use of site
            for illegal purposes.  |  
         
        
          | .kids
            (.KIDS Domains, Inc.) |  
          U |  
          S |  
          G |  
          S |  
          S |  
          
             (A) Limits "sunrise" to marks on
            "famous" list (although no such list exists) and only
            to marks that are registered in the U.S., which overlooks other
            national trademark registries (E. 15); (C) detailed process for
            charter compliance audits, maintenance of IP advisor.  
            General Comment:
            IPC appreciates reference to 8/24 IPC paper. However, more detail
            is needed. Particularly with respect to (D) and (E).
            |  
         
        
          | .law
            (dotlaw, Inc.) |  
          U |  
          S |  
          U  |  
          U |  
          S  |  
          (A)
            "Sunrise" only covers law firms, not registered trademarks.
            (B) Positive adherence to the UDRP. (C) No review for incomplete
            information or charter compliance. (D) Only technical information
            in WHOIS, no reference to accuracy of information, no "up-to-date,"
            no reference to # of "hits," etc. (E) Language regarding
            evaluation of applications and prescreening. |  
         
        
          | .mall,
            etc. (Commercial Connect, LLC) |  
          S |  
          S |  
          U |  
          I  |  
          U |  
          (A)
            "Sunrise" provision present. (B) Will adhere to UDRP.
            (C) No references to registry obligation to check information
            or ensure charter compliance. (D) Positive that application calls
            for centralized (fat) registry, but unclear. Little information
            is provided re: WHOIS. (E) objects to pre-screening. Barely restricted,
            but no 3d party challenges allowed to registration. |  
         
        
          | .mas
            (Nokia Corporation) |  
          U |  
          U |  
          U  |  
          U  |  
          U  |  
          General
            Comment: The proposal is flawed from
            an IPC perspective because (1) it imposes an undesirable and
            unattainable burden on trademark agents and legal practitioners;
            (2) it merely shifts the problems we have and are facing from
            the second-level domains to the third-level domains; and (3)
            it bears little or no resemblance to existing or emerging legal
            principles regarding domain name disputes.  Lacks detail
            on WHOIS.  |  
         
        
          | .mus
            (Museum Domain Management) |  
          S |  
          S |  
          G |  
          U |  
          G |  
          
             General Comment:
            Favorable attributes include, e.g., electronic verification against
            database; domain name designations to be clearly derived from
            museum's name; a novel "cooling off" period of five
            days post-registration; and pre- and post-screening to ensure
            that applicant/registrant actually meets or can meet the criteria
            as a "museum" and has demonstrated such ability in
            its submissions.    
            (A) No "sunrise" needed, as registrants
            must be on a dedicated list. (D) WHOIS limited to registrant
            name and mailing address.
            |  
         
        
          | .nom
            (CORE Internet Council of Registrars) |  
          U |  
          S |  
          S |  
          U |  
          I |  
          (A)
            Appears to limits "sunrise" to marks on "famous"
            list. No "famous" mark list exists. Uncertain as to
            how this would work. Needs more information. (D) Very weak on
            WHOIS, reliance on "designated agent for contact" of
            registrant. (E) Uncertain as to how prescreening during registration
            process would work.  |  
         
        
          | .nom
            (dotNOM Consortium) |  
          U |  
          S |  
          U  |  
          U |  
          U  |  
          (A)
            No "sunrise." (B) Adheres to UDRP, but no provision
            for charter violations. (D) Would provide WHOIS like that of
            dotTV (no public access except upon individual request to registry). |  
         
        
          | .one |  
          S |  
          S |  
          I  |  
          S  |  
          S |  
          
             (A) No "sunrise," because limited
            to numeric SLDs. (B) Adheres to UDRP. (D) Fat registry WHOIS
            model; applicant should clarify full public availability unless
            specifically restricted by applicable law.   
            Note: character-based
            SLDs might be considered at a later date, subject to IP considerations.
            |  
         
        
          | .per |  
          U |  
          U |  
          U |  
          U |  
          U |  
          (A)
            No "sunrise." (B) Adheres to UDRP, but proposes a "Uniform
            Charter Dispute Resolution Policy" that is unclear and appears
            to be too limited in scope. (D) Essentially unrestricted domain;
            WHOIS data collected on "opt in" basis; fat registry
            (but with nothing in it). |  
         
        
          | .pid
            (Dada Spa) |  
          U |  
          S |  
          S |  
          U |  
          S |  
          General
            Comment: Opt out for all WHOIS data.
            Most restrictive of personal name TLDs (must use own surname). |  
         
        
          | .post
            (Universal Postal Union) |  
          U |  
          I |  
          G |  
          S |  
          S |  
          
             (A) No "sunrise." (B) Prefer to
            resolve disputes and many other concerns by UPU policies, and
            only refer to the UDRP as a last resort. Insufficient information
            about the efficacy of UPU policies and experience with UPU disputes
            to comment on short notice on whether such remedies will prove
            adequate when applied to internet disputes.   
            (D) Appears to be status quo with respect
            to WHOIS.
            |  
         
        
          | .pro
            (DotPro Consortium) |  
          S/U |  
          S |  
          U  |  
          U |  
          U  |  
          (A)
            Has "sunrise," but does not limit to registered marks.
            Proposes auctions, which are typically viewed by the trademark
            community as problematic. (C) No periodic sampling to uncover
            bad contact data. (D) Short on specifics as to what information
            WHOIS would contain. WHOIS follows dot TV policy (i.e., no public
            access except upon individual request to registry). |  
         
        
          | .pro
            (RegistryPro, Ltd) |  
          G |  
          S |  
          G  |  
          S |  
          G  |  
          (A)
            "Sunrise" period for registered trademarks. (B) UDRP,
            court decisions, domain name will be placed on hold during a
            dispute. (C) Possibility to remove a domain name if a registrant
            cannot prove his "professional" status. (D) Fat registry
            WHOIS model with pledge of more robust searchability in future.
            (E) Restricted TLD  all applicants will have to prove that
            they are qualified, makes cybersquatting less possible and less
            attractive. |  
         
        
          | .tel
            (Pulver, Peek, Marschel) |  
          S |  
          S |  
          I |  
          I |  
          G |  
          (A)
            No "sunrise" as it is deemed not necessary  "all
            domain names are essentially predetermined" under the .tel,
            but what happens if a telephone number also is a trademark? (B)
            Adoption of iTABs dispute policy (a shared Conflict Resolution
            Tool), UDRP only as a "last resort," ITABs policy
            however likely sufficient for telephone numbers. (D) Fat registry
            WHOIS model, but query deletion of "web-based" and
            "public" from standard agreement. (E) Due to the nature
            of .tel, TM infringements are less likely compared to open TLDs.
            ITU standards are used to identify applicants. |  
         
        
          | .tel
            (Number .tel LLC) |  
          S |  
          S |  
          S |  
          S |  
          S |  
          General
            Comment: Given the nature of the proposed
            TLD, the proposed mechanisms are satisfactory. |  
         
        
          | .tel
            (Telnic Limited) |  
          U |  
          I |  
          I |  
          S |  
          I |  
          (A)
            No "sunrise" and appears not to be limited to numbers.
            Use of auctions deemed risky. Often used words "may"
            and "likely" leave a lot of unanswered questions with
            respect to IP protection. WHOIS provisions appear to follow gTLD
            status quo.  |  
         
        
          | .travel
            (International Air Transport) |  
          U |  
          S |  
          G |  
          I |  
          G |  
          (A)
            No "sunrise" provision. (B) Will adhere to UDRP. (C)
            Encouraged by monitoring procedures, publication of applications.
            (D) Talk of "minimum amount of information" in WHOIS,
            "may" decide to provide more expansive WHOIS. (E) Prescreening,
            undertaken. |  
         
        
          | .union
            (ICFTU) |  
          U |  
          U |  
          U |  
          U  |  
          U |  
          
             General Comment:
            The application itself states that the guidelines on domain name
            use in this TLD are still in draft form and "are likely
            to run" as set forth in the application. As a result, much
            more specifity is required before the TLD policies set forth
            therein can be found satisfactory, let alone good.   
            (A) There is no "sunrise" mechanism
            for registered trademarks covering union-related services. There
            was no express provision requiring prepayment of the registration
            fees, or certification that all statements in the application
            are true. In addition, there is no requirement that an officer
            of the union registering under this TLD represent/warrant it
            has the authority to act on behalf of that union.   
            (B) There is no mechanism for resolving charter
            violations. Also, it appears the only way to challenge a registrants
            qualifications to register under this TLD is through an adjudication
            panel made up solely of union-type members (no ip representation)
            and not the UDRP.   
            (C) The only intellectual property protection
            provided is publication of the domain name before it goes live,
            BUT the publication period can be waived under certain conditions.   
            (D) There is no requirement for the registrant
            to keep the data current. The application simply refers to a
            "standard" WHOIS service without any details.    
            (E) The application specifically states that
            there will be no pre-screening of registrations for infringements
            of intellectual property rights. In addition, registrations will
            only be subject to greater scrutiny during the "start-up"
            period (there is discretion whether to extend past the start-up
            period. However, it states that in the majority of cases, applications
            would not be closely tested according to the "bona fide
            trade union organizations" criteria, and instead a fast
            track mechanism would approve the majority of registrants without
            the need for close scrutiny. Moreover, the TLD applicant is relying
            on the restrictions on which organizations have the right to
            register names as the best guard against abusive behavior, but
            the trustees reviewing such information do not include parties
            representing intellectual property interests.
            |  
         
        
          | .web
            (Image Online) |  
          U |  
          S |  
          U |  
          S |  
          U |  
          
             (A) The application contemplates the validation
            of its pre-registration of .web domain names, clearly in contradiction
            to ICANN and the Names Councils press release. Moreover,
            the application specifically rejects a "sunrise" type
            proposal. Trademark owners have preemptive rights to challenge
            existing .web applications, however, unlike a "sunrise"
            provision where trademark owners are the first to file, there
            is a phase in period during which trademark holders can place
            existing .web registrations (i.e., presumably those that have
            also been pre-registered) on hold pending the resolution of a
            dispute under either the UDRP or a court of competent jurisdiction.  
            (B) The application states its adherence to
            the UDRP, and since this is not a restricted TLD, there are no
            provisions regarding charter violations.  
            (C) Intellectual property protections for
            third party interests such as periodic sampling to uncover incomplete
            contact information; publication of domain name before it goes
            live; periodic review of sites to ensure charter compliance;
            means for third parties to challenge registration of their personal
            names are not provided. The applicant relies on the preemptive
            rights mentioned above and the UDRP/courts.  
            (D) The application states that the publicly
            accessible look-up system WHOIS currently in use offers sufficient
            search capabilities for trademark holders, and thus does not
            specifically cover the provisions in the IPC Guideline paper.  
            (E) While the application n provides for prepayment
            of the registration fee, there is a provision that allows customers
            with established credit a limited amount of time to pay. Assuming
            the amount of time is truly limited (i.e., days), this appears
            reasonable. 
            |  
         
         
      
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