I   General TLD Policies

E1.Please provide a full and detailed description of all the policies to be followed in the TLD (other than those covered in response to items E11-E21). If the TLD’s policy on a particular topic is proposed to be identical to that reflected by a particular version of any of the following documents, it is sufficient for your response to identify the topic, to give a brief summary of the policy, and for the details to reference the document and section:

·        ICANN-NSI Registry Agreement;

·        NSI Registrar License and Agreement;

·        ICANN Registrar Accreditation Agreement; and

·        Uniform Dispute Resolution Policy.

General

Telnic will at all times use its reasonable endeavors to implement and adhere to any and all consensus policies introduced by ICANN, so as to further the development and stability of the Internet and the global Internet community.  

Telnic intends to create a Policy Advisory Board (the “PAB”), which will consist of legal, technical, commercial, business and/or other advisors, to review and propose policy and advise Telnic’s management and, if appropriate, to also advise Telnic’s registrars on matters directly relating to the performance, functionality, management and delegated policy of the .TEL domain name.  The PAB’s functions will include reviewing and making decisions on the following policies:

·        the distribution of SLDs and ccSLDs (and sub-levels) and their restricted and/or unrestricted status;

·        ICANN issues and policies;

·        the issues and policies of other recognized authorities, such as WIPO; and

·        any charitable work undertaken by Telnic through its Foundation.

It is envisaged that the PAB’s policies will (as appropriate) encompass the policies and current thinking of the Internet’s recognised authorities together with the policies developed in-house by the PAB with input from ICANN.  Telnic will adopt a number of policies including, but without limitation, policies relating to data protection, privacy, equal employment opportunities, and the transfer of domain names between registrants and/or registrars.

Should Telnic, however, have a requirement to modify any existing ICANN policies, Telnic intends to consult with ICANN and any other authorities of competent jurisdiction, with respect to such changes to ensure that the Internet community is not adversely affected by their implementation.

In addition to adhering to ICANN’s current policies, where appropriate, Telnic realises that there is likely to be a need to develop, create and introduce new policies regarding the .TEL domain name.  This will be particularly relevant as and when technologies with respect to the Internet and Voice-over-Internet Protocols converge. Telnic will also consult and involve ICANN in the decision making process regarding these new policies. 

Regarding the ICANN/NSI agreements and/or the policy referred to in question E1 (as set out above), Telnic intends to implement agreements and policies which will mirror those listed to a large extent. Telnic sets out its comments in respect of each agreement and the policy in turn below. 

ICANN-NSI [Telnic] Registry Agreement (the “Registry Agreement”)

In respect of the Registry Agreement, Telnic agrees in principle to its terms and conditions. However, this Registry Agreement contains a number of terms specific to the ICANN/NSI relationship. Telnic would be grateful for clarification to the extent, if any, such terms would be applicable to Telnic.

Telnic would like clarification in discussions from ICANN in respect of the following sections:

·        Section 6: NSI Registry-Level Financial Support of ICANN

The extent to which, if any, pre-payments will be required to be paid by Telnic to ICANN.

·        Section 16: Relationship to Cooperative Agreement between NSI and US Government

The applicability of this section in respect of ICANN/Telnic is sought.

·        Section 20: Price for Registry Services

Telnic would like to discuss with ICANN the pricing policy for registrars.

·        Section 22: Designation of Successor Registry

Telnic would like clarification in discussions from ICANN with respect to the applicability of this section.

·        Section 23: Expiration of this Agreement

Telnic would like clarification from ICANN as to the intended duration of the Registry Agreement.

Telnic Registrar License and Agreement

Telnic intends to build a worldwide network of Registrars based on the existing ICANN Accredited Registrars model, who will support the .TEL domain name. This will be via the registry website at www.telnic.org. Telnic further intends to adopt the principles of the NSI Registrar License and Agreement (the “NRLA”) including the Registrar’s Dispute Policy, the Policy on Transfer of Sponsorship of Registrations Between Registrars and the Confidentiality Agreement.  However, Telnic recognizes that certain terms and conditions of the NRLA may not be directly relevant to the Telnic approach and also that the NRLA does not necessarily reflect Telnic’s use of the DNS, which will be designed to meet a diversity of community needs.  Whilst the precise issues have not yet been recognised in their entirety, the following is a list of the terms and conditions of the NRLA which may not be relevant to Telnic’s relationship with its registrars:

·        Section 2.3: New Architectural Features

Whilst this section is specific to NSI, Telnic will endeavor to provide its registrars with all software that will enable the secure and stable access to the system for the registration of second-level domains in the .TEL TLD.  All upgrades of such software will be provided to all registrars following successful testing and evaluation.

·        Section 2.5: Data Submission Requirements

In addition to the requirements as listed under this clause, Telnic will ensure that the registrars obtain the consents of their customers to place their personal data on the Whois Service and in Escrow, in accordance with relevant data privacy legislation. 

·        Section 2.7: Registrar’s Registration Agreement and Domain Name Dispute

Telnic intends to adopt the Uniform Domain Name Dispute Policy and expects its registrars to adopt the same ICANN accredited policy.

·        Section 2.9: Domain Name Lookup Capability

As with the Data Submission Requirements, Telnic will ensure that it is not liable for misuse of an individual’s personal data and will insist that its registrars must obtain the prior consent of all customers in order to place such information on the Whois Service.

·        Section 2.15: Prohibited Domain Name Registrations

Unregisterable domain names will be shown as “unavailable” on Telnic’s Whois Service.  The unregisterability of a domain name will be determined solely and exclusively by Telnic.

·        Section 3.2(iii): Limitations of Use

Telnic will allow its registrars to reverse engineer any of the software provided by Telnic from time to time for the purpose of enabling the registrar to develop compatible and/or interoperable software products.

·        Section 5.1: License Fee

Telnic would like to discuss with ICANN the license fee structure.

·        Section 5.2: Registration Fees

Telnic would also like to discuss with ICANN the registration fee structure. 

·        Other

As mentioned above, all references to the US Department of Commerce and NSI’s Cooperative Agreement with the US Government are unlikely to be applicable.

ICANN Registrar Accreditation Agreement

With respect to the ICANN Registrar Accreditation Agreement, Telnic agrees in principle to its terms and conditions, in particular, with respect to the data protection and privacy policies dealt with in sections E, F and G of the agreement. 

Telnic would like clarification in discussions from ICANN in respect of the following sections:

·        Section 6b: Public Access to Data

Telnic would like to discuss with ICANN the annual fee structure.

·        Section 6f: Public Access to Data

Telnic will not allow individuals the opportunity to elect not to have their “personal data” disclosed.

·        Section O Term of Agreement

Telnic would like clarification in discussions from ICANN as to the intended duration of this agreement and its possible renewal.

·        Other

All references to the US Department of Commerce are unlikely to be relevant.

Uniform Dispute Resolution Policy

Telnic’s dispute resolution policies in respect of the .TEL SLD and other disputes will be governed by the Uniform Domain Name Dispute Policy (the “Policy”) as adopted by ICANN on 24 October 1999.  The Policy will be incorporated by reference into all Registration Agreements.  It is also intended that the Telnic.org website (Telnic’s Registry website) will set out a procedure to explain to registrants in a user-friendly manner how they can initiate proceedings under the Policy.

Telnic does not intend to participate in any dispute between a registrant and a third party, all proceedings will be administered by an approved ICANN dispute resolution provider (the “Provider”).   A list of the approved ICANN Providers will be made available to registrants by way of a hyperlink from the Telnic.org website to the list maintained by ICANN.

In order to facilitate the dispute resolution process, Telnic will work with the Provider by developing an administration process to help ensure the smooth operation of the dispute resolution process.   As an example, Telnic will also allocate each complaint with a number upon receipt, and record the date and time of such receipt.  To assist the Provider, Telnic will confirm that the complainant is the registered domain name holder and that the complainant’s details are correct.  Telnic will also track the status of domain names which are the subject of a dispute and will block any attempt to transfer a domain name which is the subject of a dispute with a third party.

Telnic is not proposing to adopt any additional, alternative or supplemental dispute resolution procedures.

E2. TLD String Proposal

            Telnic is proposing the TLD string of “tel”.      

E3. Naming Conventions

Telnic intends to rollout the .TEL TLD domain name registration program in two phases. During the first phase Telnic will only issue domain name registrations comprising of second level domain names, thereby excluding ccSLDs. Country code second level domain names will only be issued during the second phase of the rollout.

Prior to issuing “.TEL” domain names, Telnic intends to “quarantine” (please refer to section E10 below) a number of generic words, phrases, characters and/or digits to its master “.TEL” domain name database as second level .TEL domain names and third level (below country code SLDs). With the few exceptions set out later, these will, however, be issued by Telnic as domain names at a later date. The purpose for withholding such second level and third level domain names is to prevent potential registrants from registering domain names such as “edu.tel”, thereby preventing other prospective registrants from entering that domain name space.

In addition, Telnic will also include in its master “.TEL” database words and phrases which it, in its sole and exclusive discretion, considers to be “abusive, obscene and/or offensive”, thereby preventing prospective registrants from registering domain name which comprise of such abusive, obscene and/or offensive words and/or phrases as these will come up in the database as being “unavailable”.

Similarly, Telnic intends to reserve strings of four or less characters to protect future SLD or ccSLD paths and to ensure that proper consultation with ICANN can take place prior to Telnic’s issuance of such new domain names.

Finally, it is anticipated that long-form country names and certain geographic names, including names of cities will be reserved, as this will create future growth paths for country sub-level domain names. However, the reservation of such country, city and geographic names will be subject to ICANN’s approval.

E4.            Registrars

Telnic is committed to the creation of a balanced, robust, international and equitable administration of the .TEL namespace (which will be dedicated to voice-video-data) within the Internet DNS.  An ICANN accredited Registrars’ system will be essential to providing a stable and robust .TEL domain name registration system.

Within the phased rollout Telnic will seek to put in place a network of registrars, which will include a “lead registrar” for each ccSLD, around the world. Each chosen lead registrar will be responsible for ensuring the implementation of the new .TEL TLD policies in its particular territory. In addition, Telnic will implement contractual provisions which will govern its relationship with the various registrars to ensure conformity amongst all registrars in respect of the issuance of .TEL domain names around the world.

Whilst Telnic is the Sponsoring Organization for the determination and implementation of the .TEL TLD policy, only one registrar will oversee the resolution of competing applications made during the pre-registration (please refer to section E5 below.) for SLDs in its territory.

E5            Intellectual Property

E5.1     What measures will be taken to discourage registration of domain names that infringe intellectual property rights?

Proposal

1.         Telnic is considering the provision of an information service to prospective registrants on its www.telnic.org website which will set out ways in which registrants can avoid infringing intellectual property rights belonging to another when registering and using a .TEL domain name. The information to be provided by Telnic will briefly describe trademarks, passing off and cybersquatting and the remedies which may be sought by the third party in each case. 

Telnic is also considering providing the registrants with directional guidance to check whether the proposed domain name, which they wish to register, might infringe someone else’s intellectual property rights before the registrant applies for the registration of the domain name. As a part of this pro-active policy, Telnic is likely to provide:

a)         on its www.telnic.org website one or more hyperlinks to sites which will allow the registrant to carry out some initial trademark searches (for example, hyperlinks to the UK Patent and Trade Mark Office, the US Patent and Trademark Office, the OHIM (organization in charge of registering Community Trade Marks) and the Japanese Trade Mark Office). In addition it is likely that Telnic will also provide hyperlinks to websites which will allow the registrant to carry out additional checks of registered domain names and company names in the United Kingdom and the United States of America. Access to websites which will provide the registrant with valuable information relating to the protection of intellectual property rights on the Internet (for example, the World Intellectual Property Organisation (“WIPO”) websites) will also be provided; or

b)         alternatively, Telnic may let the registrant know on its website which organizations and/or website addresses the registrant could access to either carry out the trademark searches or inform the registrant on how the registrant should proceed in order to ensure that the domain name that the registrant wishes to register does not infringe third party intellectual property rights.

Furthermore, Telnic will always advise registrants not to register a domain name if the registrant becomes aware that a registered trademark is either identical and/or confusingly similar to the proposed domain name. In addition, Telnic will advise registrants to seek professional advice and assistance before registering their domain name.

In respect of the above, Telnic is aware that it will not be able to provide the registrant with an exhaustive list of the relevant organisations and/or websites and that it cannot compel the registrant to carry out such checks. Nevertheless, Telnic believes that by providing links and/or information in respect of say, the four main trademark registries around the world (as listed above) together with WIPO, the registrant should be better informed to determine whether or not his/her domain name is protected by third party trademark rights.

2.         Telnic envisages that its standard Registration Agreement (an example of which can be seen on the www.telnic.com website) will include the following provision:

“In making an application, the registrant represents and warrants to Telnic that the registrant has the right to use that part of the domain name to which the application relates and that if the registrant is to use such domain name such use will not infringe the rights of any third party, wheresoever situated.  Acceptance of a domain name by Telnic shall not be construed as Telnic approving or agreeing that the registrant has any right to register and/or use that name.”

3.         Telnic will also adopt by way of reference in its Registration Agreements, the Uniform Domain Name Dispute Policy (the “Policy”) as adopted by ICANN on 24 October 1999. The Policy sets out the process to manage disputes between domain name holders and trademark owners. Under the Policy, Telnic will have the right to cancel, assign and/or otherwise transfer domain names if the ICANN dispute resolution provider (Please refer to section E6.1 below.) finds that the domain name infringes a third party’s trademark.

Technical Solution

The way in which Telnic envisages delivering part one of the proposal above is by way of technical solutions.  Telnic will design and/or develop its website in such a way whereby the registrant is provided with information and/or links to carry out pre-registration checks if the registrant wishes to do so.

This will be achieved by incorporating into Telnic’s website a way that the registrant will be able to access a website which contains the following information:

1.         a brief explanation of trademarks, passing off and cybersquatting and the consequences that may arise if a person should be found to have done one of these acts;

2.         either hyperlinks (as mentioned above) to or contact details of the organizations which would be able to assist the registrant in ensuring that the proposed domain name does not infringe any third party intellectual property rights; and

3.         a statement advising the registrant to seek independent professional assistance.

By using the Telnic’s website in this way, Telnic places the onus on the registrant to take the necessary measures to ensure that the proposed domain name will not infringe any third party intellectual property rights. This technical solution falls in line with the accepted policy that the Registry will not be responsible for policing trademark violations when registering domain names for registrants. 

Conclusion

Telnic has considered whether the technical solution will be practicable and effective if launched by Telnic. Although, the above-mentioned solution goes some way in trying to minimise infringements of third party intellectual property rights, Telnic is conscious of its potential “downsides” and these are briefly summarized below as follows:

1.         even if Telnic provides the registrants with information relating to trademarks, passing off and cybersquatting and gives registrants a chance to establish whether or not their proposed domain name will infringe third party intellectual property rights, Telnic cannot guarantee that the registrant will actually read and/or understand the information provided by Telnic and/or  carry out the necessary searches; and

2.         with respect to providing the registrant with either hyperlinks and/or information relating to informative sites, Telnic is unlikely to be in a position where it can say that the registrant has access to all the relevant sites and/or is provided with the information relating to all necessary and useful websites, for the following reasons:

a) many of the Trade Mark Registries around the world will not allow or facilitate the carrying out of on-line trademark searches; and

b) if an exhaustive list of hyperlinks and information were to be provided in their entirety, then the registrant would be overwhelmed by the links and information provided.

Nevertheless, Telnic believes that the proposal and the technical solution suggested above will go a fair way towards discouraging registrants from registering domain names which are likely to infringe third party intellectual property rights. Telnic also believes that the proposal and/or solution is equitable in that it provides the registrant with suggestions on how the registrant can ensure that the domain name which the registrant applies for does not infringe any third party intellectual property right(s) but at the same time preserves Telnic’s position in that Telnic will not take any responsibility for policing trade mark violations.

E5.2     If you are proposing pre-screening for potentially infringing registrations, how will the pre-screening be performed?

Pre-launch Period

Background

When ICANN announced that it was considering introducing new TLDs, trademark owners expressed their concern that the issuance of new TLDs will increase the amount of potential trademark infringement, passing off and cybersquatting cases to such an extent that it would be virtually impossible for trademark owners to police the Internet effectively for trademark violations.

Consequently, ICANN created a “Working Group B” in July 1999 whose responsibility was to discuss and consider ways in which this problem could be dealt with. It was suggested by a number of corporations that a “Famous Trade-Marks List” be created and that any domain name application comprising in part or in whole of any trademark on that list, would be refused registration.

After long discussions, it was agreed that a Famous Trade-Marks List was not the most effective solution, for the following reasons:

1.         it would expand the existing rights of famous trademark holders;

2.         it would block others from using domain names comprising of famous trademarks in non-commercial and generic ways;

3.         the number of so-called famous trademarks could potentially grow into millions;

4.         it would be extremely difficult to decide the criteria that should be considered to decide whether a trademark should be added to the Famous Trade-Marks List; and

5.         who would be responsible for creating the Famous Trade-Marks List.

Therefore, in lieu of creating a Famous Trade-Marks List, the “Sunrise Proposal plus Twenty” was tabled. Under this proposal, it was suggested that famous trademark owners should get a chance to pre-register domain names comprising of their trademarks (plus twenty variations thereof) before the new TLD is opened to the general public.

Telnic’s solution

Telnic will put forward for debate an approach whereby it will allow registered trademark or service mark owners (of either famous or non-famous marks) to pre-register their second level .TEL domain names during a “Pre-Launch Period”.  The Pre-Launch Period is currently scheduled to last for 2 months. The registration of .TEL domain name during the Pre-Launch Period will be undertaken by Telnic.com (i.e. which Telnic envisages as to be an ICANN accredited registrar) which is a distinctly separate entity to Telnic.org (i.e. the .TEL sponsoring organization domain name registry).

Notification

Prior to the Pre-Launch Period, Telnic will use its reasonable endeavors to inform as many Trade Marks Registries and Trade Mark Agents around the world that the pre-registration period will begin on, say, 1 January 2000 for a period of 2 months, during which time all registered trademark and service mark owners will have a right to pre-register their second level .TEL domain names.