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Proposed
Unsponsored TLD Agreement: Appendix L (.name)
(8 August 2003)
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Registration
Restrictions
In the examples below, “string”
shall mean the Personal Name (as defined in paragraph 1 below) of
the Registrant or a component of the Personal Name of the Registrant.
0. Naming
Conventions
(a) Domain Names. Domain
names in the .name TLD will be registered (other than to the Registry
Operator) at the second and third level, in the following
formats:
- Third level registrations: string.string.name
- Second level registrations: string.name,
(where “string” is any allowed
set of allowed characters)
(b) SLD E-Mail Addresses.
SLD E-mail addresses in the .name TLD will be registered in the format
<string>@<string>.name (where “string”
is any allowed set of allowed characters). These are referred
to in this Appendix as "SLD E-mail."
(c) Defensive Registrations.
Second-level Defensive Registrations consist of a wildcard for the third-level
label, a valid second-level label, and the top-level label .name, in
the format example.<Defensive Registration>.name (where “example”
is any allowed set of allowed characters).Third-level Defensive Registrations
consist of a valid third-level label, a wildcard for the second-level
label, and the top-level label .name, in the format <Defensive Registration>.example.name,
, where “example” is any set of characters allowed. Combined
second- and third-level Defensive Registrations follow the format requirements
for registered domain names.
(d) Naming
Restrictions in Other Parts of the Registry Agreement. All domain
names and SLD E-Mail addresses must meet the requirements in the Registry
Agreement and its appendices. Relevant appendices include Appendix
C (Functional Specifications), Appendix F (Registry-Registrar Agreement),
Appendix K (Names Reserved from Registration), this Appendix L, Appendix
M (Enforcement of Registration Restrictions) and Appendix X (Names
Registered to Registry Operator).
(e) Prohibited Third-Level
Labels. The following words and strings may not be registered as (i)
the third level domain name in a domain name registration, (ii) the
user name in an SLD E-mail registration, or (iii) the third level
of a Defensive Registration: dir, directory, email, genealogy, http,
mail, mx, mx[followed by a number from 0 to 100], ns, ns[followed
by a number from 0 to 100], wap, www and www[followed by a number
from 0 to 100]. However, names having third-level labels that include
any of the foregoing words and strings may be registered, such as
dirk.smith.name.
(f) Prohibited Second-Level
Labels. Second level labels consisting entirely of numbers or a combination
of numbers and hyphens may not be registered as part of a domain name,
SLD E-mail address, or Defensive Registration.
(g) Enforcement. The Registry
Operator shall implement technical measures reasonably calculated
to enact the requirements in this Section 0 of this Appendix.
1. Personal
Name Registrations
(a)
Definition of Personal Name. For the purposes of this Appendix, a
"Personal Name" is a person's legal name, or a name by which
the person is commonly known. A "name by which a person is commonly
known" includes, without limitation, a pseudonym used by an author
or painter, or a stage name used by a singer or actor.
(b)
Eligibility Requirements. Personal Name domain name and SLD E-mail
registrations in the Registry TLD (collectively, "Personal Name
Registrations") will be granted on a first-come, first-served
basis, except for registrations granted as a result of a dispute resolution
proceeding or during the landrush procedures in connection with the
opening of the Registry TLD. The following categories of Personal
Name Registrations may be registered:
(i)
The Personal Name of an Individual. Any person can register his
or her own Personal Name.
(ii)
The Personal Name of a Fictional Character. Any person or entity
can register the Personal Name of a fictional character if that
person or entity has trademark or service mark rights in that character's
Personal Name.
(iii)
Additional Characters. In registering a Personal Name Registration,
registrants may add numeric characters to the beginning or the end
of their Personal Name so as to differentiate it from other Personal
Names. For example, in the event that John Smith unsuccessfully
attempts to register john.smith.name, he may seek to register
an alternative, such as john.smith1955.name or john1955.smith.name.
If John Smith unsuccessfully attempts to
register johnsmith.name, he may seek to register an alternative,
such as jsmith.name or jsmith3nd.name.
All Personal Name Registration
must meet the foregoing requirements (the "Eligibility Requirements").
(c)
Challenges to Personal Name Registrations. Any third party may challenge
a Personal Name Registration on the basis that it either (i) does
not meet the Eligibility Requirements, or (ii) violates the UDRP.
(i)
Challenges via the ERDRP. Challenges to Personal Name Registrations
on the basis that they do not meet the Eligibility Requirements
may be made pursuant to the Eligibility Requirements Dispute Resolution
Policy, as described in Appendix M (the "ERDRP"). If the
outcome of the challenge holds that the Personal Name Registration
does not meet the Eligibility Requirements, then (1) if the challenger
meets the all the Eligibility Requirements, then the challenger
may have the Personal Name Registration transferred to him or her,
or (2) if the challenger does not meet all Eligibility Requirements,
then the challenger will be offered an opportunity to register a
Defensive Registration blocking the challenged name,
as such term is described in Section 2 below.1
(ii)
Challenges via the UDRP. A challenge to a Personal Name Registration
that is a domain name will be subject to the Uniform Domain Name
Dispute Resolution Policy, as adopted by ICANN (the "UDRP"),2
if it is based on a claim that:
(1)
The domain-name registration is identical or confusingly similar
to a trademark or service mark in which the challenger has rights;
(2)
The registrant has no rights or legitimate interests in respect
of the domain-name registration; and
(3)
The domain-name registration has been registered and is being
used in bad faith.
(iii)
Relationship of the ERDRP and the UDRP. The failure of a challenge
under either the ERDRP or the UDRP shall not preclude the same challenger
from submitting a challenge under the other of the two policies,
subject to the provisions of each policy.
(iv)
Role of Registry Operator. Violations of the Eligibility Requirements
or the UDRP will not be enforced directly by or through Registry
Operator. Registrants will agree to be bound by the ERDRP and the
UDRP in their registration agreements with registrars. Registry
Operator will not review, monitor, or otherwise verify that any
particular Personal Name Registration was made in compliance with
the Eligibility Requirements or the UDRP. Proceedings under the
ERDRP and UDRP must be brought in accordance with the policies and
procedures set forth in Appendix M.
(v)
Role of ICANN-Accredited Registrar. The ICANN-Accredited Registrar
sponsoring a Personal Name Registration shall be responsible for
(1) ensuring that all registrants agree to be bound by the ERDRP
and the UDRP and (2) implementing remedies under the ERDRP and UDRP
according to the terms of those policies. That registrar shall be
the primary contact for all disputes relating to such Personal Name
Registration and shall be responsible for communicating any instructions
from a dispute resolution provider to Registry Operator.
(d)
Registration Agreement. All Personal Name Registrations will be granted
pursuant to an electronic or paper registration agreement with an
ICANN-Accredited Registrar, in accordance with Appendix F.
2. Defensive
Registrations
(a)
Phase I and Phase II Defensive Registrations. Defensive Registrations
may be registered in two phases. Defensive Registrations registered
during the first phase are referred to hereafter as "Phase I
Defensive Registrations" and Defensive Registrations registered
during the second phase are hereafter referred to as "Phase II
Defensive Registrations." For the purposes of this Appendix,
"Defensive Registrations" means, collectively, Phase I Defensive
Registrations and Phase II Defensive Registrations.
(b)
Phase I Defensive Registrations Eligibility Requirements.
(i)
Phase I Defensive Registrations may only be made for strings that
are identical to the textual or word elements, using ASCII characters
only, of valid and enforceable trademark or service mark registrations
having national effect that issued prior to April 16, 2001, subject
to the same character and formatting restrictions as apply to all
registrations in the Registry TLD. Only the owner of such a trademark
or service mark registration may register a Defensive Registration
on that trademark or service mark. Trademark or service mark registrations
from the supplemental or equivalent registry of any country, or
from individual states or provinces of a nation, will not be accepted.
Subject to the same character and formatting restrictions as apply
to all registrations in the Registry TLD, if a trademark or service
mark registration incorporates design elements, the ASCII character
portion of that mark may qualify to be a Phase I Defensive Registration.
(ii)
Where there is a space between the textual elements of a registered
mark, the Phase I Defensive Registration registrant (a "Phase
I Defensive Registrant") may elect at its discretion to replace
the space with a hyphen, combine the elements together to form a
continuous string, or register the mark as a combined second and
third level Defensive Registration. Where there are multiple spaces
between three or more textual elements of a registered mark, the
foregoing sentence applies to each such space. However, where a
registered mark is registered as a combined second and third level
Defensive Registration, the delineation between the second and third
levels must correspond to a space between the textual elements of
the mark.
Thus, for example, the
registered mark "Sample Mark" could be registered as any
or all of the following:
(1)
<any string>.samplemark.name;
(2)
<any string>.sample-mark.name;
(3)
samplemark.<any string>.name;
(4)
sample-mark.<any string>.name;
(5)
samplemark.samplemark.name;
(6)
sample-mark.samplemark.name;
(7)
samplemark.sample-mark.name;
(8)
sample-mark.sample-mark.name; or
(9)
sample.mark.name.
Each such Defensive Registration
would be subject to a separate Defensive Registration fee, as set
forth in Appendix G.
Phase I Defensive Registrations
in formats 5-8 above must use the same registered mark for both
the second and third levels.
However, such mark could
not be registered as, for example, sam.plemark.name
during the Phase I Defensive Registration period. Such a registration
may be made as a Phase II Defensive Registration, as described below.
(iii)
In addition to the information provided by all Defensive Registration
registrants (each a "Defensive Registrant") as described
in Section 2(d)(iii), the Phase I Defensive Registrant must also
provide (1) the name, in ASCII characters, of the trademark or service
mark being registered; (2) the date the registration issued; (3)
the country of registration; and (4) the registration number or
other comparable identifier used by the registration authority.
(iv)
Neither the Registry Operator nor the ICANN-Accredited Registrars
will review the information provided by the Phase I Defensive Registrant
prior to issuing a Phase I Defensive Registration.
(v)
Phase I Defensive Registrations may not be transferred, except in
connection with a transfer of the underlying trademark or service
mark registration.
(vi)
A Phase I Defensive Registration may not be converted into a Phase
II Defensive Registration.
(c)
Phase II Defensive Registrations Eligibility Requirements. Phase
II Defensive Registrations may be requested by any entity for any
string or combination of strings.
(d)
Common Defensive Registration Eligibility Requirements.
(i)
There are three levels of Defensive Registrations, each of which
is subject to payment of a separate fee as set forth in Appendix
G:
(1)
Second level Defensive Registrations -- in the form of <any
string>.<Registration>.name;
(2)
Third level Defensive Registrations -- in the form of <Registration>.<any
string>.name;
(3)
Combined second and third level Defensive Registrations -- in
the form of <Registration1>.<Registration2>.name.
(ii)
Multiple persons or entities may obtain identical or overlapping
Defensive Registrations upon payment by each of a separate registration
fee.
(iii)
The Defensive Registrant must provide contact information, including
name, e-mail address, postal address and telephone number, for use
in disputes relating to the Defensive Registration. This contact
information will be provided as part of the Whois record for the
Defensive Registration, as described in Appendix O.
(iv)
A Defensive Registration will not be granted if it conflicts with
a then-existing Personal Name Registration or other reserved word
or string.
Thus, for example,
if the domain name jane.smith.name has already been registered,
then a second level Defensive Registration will not be granted
for <any string>.smith.name. Similarly,
if the SLD E-mail address jane@smith.name
has already been registered, then a third level registration may
not issue for jane.<any string>.name.
Similarly, if the domain
name janesmith.name has already been registered, then a second
level Defensive Registration will not be granted for <any string>.janesmith.name.
(e)
Agreement of Defensive Registrant. All Defensive Registrations will
be granted pursuant to an electronic or paper registration agreement
with an ICANN-Accredited Registrar, in accordance with Appendix F,
in which the Defensive Registrant agrees to the following:
(i)
The Defensive Registration will be subject to challenge pursuant
to the ERDRP.
(ii)
If the Defensive Registration is successfully challenged pursuant
to the ERDRP, the Defensive Registrant will pay the challenge fees.
(iii)
If a challenge is successful, then the Defensive Registration will
be subject to the procedures described in Section 2(h) of this Appendix.
(f)
Effect of a Defensive Registration.
(i)
Defensive Registrations will not resolve within the DNS.
(ii)
The term for any Defensive Registration will be ten (10) years.
In the event of a transfer of a Defensive Registration between ICANN-Accredited
Registrars, the term of the Defensive Registration shall be extended
by one year, in exchange for a transfer fee equal to one tenth of
the then-current fee for a ten year Defensive Registration, as described
in Appendix G.
(iii)
A second level Defensive Registration will prevent a Personal Name
Registration that uses the same string at the second level.
Thus, for example,
a second level Defensive Registration for example.name will prevent
a third party from registering <any string>.example.name
or <any string>@example.name.
However, a second level
Defensive Registration will not prevent a Personal Name Registration
that uses the same string at the third level.
Thus, for example,
a second level Defensive Registration for example.name
will not prevent a third party from registering example.
<any string>.name or example@<any
string>.name or example.name.
(iv)
A third level Defensive Registration will prevent a Personal Name
Registration that uses the same string at the third level.
Thus, for example,
a third level Defensive Registration for example.<any
string>.name will prevent a third party from registering
example.<any string>.name or example@<any
string>.name or example.name.
However, a third level
Defensive Registration will not prevent a Personal Name Registration
that uses the same string at the second level.
Thus, for example,
a third level Defensive Registration for example.<any
string>.name will not prevent a third party from
registering <any string>.example.name
or <any string>@example.name.
(v)
A combined second and third level Defensive Registration is the
most limited type of Defensive Registration in that it will only
prevent Personal Name Registrations with the identical combined
strings.
Thus, for example,
a combined second and third level Defensive Registration for example1.example2.name
will prevent a third party from registering only example1.example2.name
or example1@example2.name.
It will not prevent a
third party from registering any of the following:
(1)
example1.<any string other than example2>.name
or example1@<any string other than example2>.name;
(2)
<any string other than example1>.example2.name
or <any string other than example1>@example2.name;
or
(3)
example2.example1.name or example2@example1.name;
or
(4)
example1.name; or
(5)
example2.name
(vi)
Defensive Registrations prevent only Personal Name Registrations
that consist of the identical string at the corresponding level.
Personal Name Registrations that only partially match a Defensive
Registration will not be prevented.
Thus, for example a
second level Defensive Registration for example.<any
string>.name will not prevent a third party from
registering examplestring.<any string>.name
as a Personal Name Registration.
(vii)
Any registrar that seeks on behalf of its customer to register a
Personal Name Registration that is the subject of a Defensive Registration
will receive an electronic notice that the domain name and SLD E-mail
address are blocked by a Defensive Registration. This notice will
also provide contact information for the Defensive Registrant(s).
If the person or entity wishes to pursue the Personal Name Registration
despite the Defensive Registration, the person or entity will have
the following options:
(1)
seek consent directly from the Defensive Registrant(s), or
(2)
challenge the Defensive Registration pursuant to the ERDRP.
(g)
Voluntary Cancellation or Consent by Defensive Registration Holder.
(i)
A Defensive Registration may be cancelled by the Defensive Registrant
through the sponsoring registrar at any time. Registry Operator
will not refund registration fees in the event of such a cancellation.
In the case of multiple or overlapping Defensive Registrations,
cancellation by one Defensive Registrant shall not affect the other
Defensive Registrations.
(ii)
The Defensive Registrant may consent to the registration of a domain
name that conflicts with such Defensive Registration, as follows:
(1)
Upon receiving a request for consent from a person or entity seeking
to register a Personal Name Registration that is the subject of
the Defensive Registration, the Defensive Registrant must grant
or refuse such consent, in writing, within five (5) calendar days.
(2)
If a Defensive Registrant fails to either grant or refuse consent
as described in this Subsection within five (5) calendar days
of receipt of the request, the Defensive Registrant shall be deemed
to have denied consent to the Personal Name Registration.
(3)
Such consent must be transmitted to both the person or entity
seeking the Personal Name Registration and to the ICANN-Accredited
Registrar that sponsors the Defensive Registration.
(4)
The ICANN-Accredited Registrar shall notify Registry Operator
of such consent within three (3) days of receipt, using the appropriate
protocol as developed by Registry Operator.
(5)
The Defensive Registrant may not accept any monetary or other
remuneration for such consent.
(6)
If a Defensive Registrant consents or, in the case of multiple
or overlapping Defensive Registrations, all the Defensive Registrants
consent, to a Personal Name Registration in accordance with this
Subsection, then (i) the person or entity seeking the Personal
Name Registration will receive the requested Personal Name Registration,
(ii) such consent shall not constitute a successful challenge;
(iii) such Defensive Registrant(s) shall not receive a "strike"
against the Defensive Registration(s) for the purposes of Subsection
2(h)(v)(5) below, and (iv) the Defensive Registration(s) will
continue in full force and effect.
(iii)
If there are multiple registrants holding identical or overlapping
Defensive Registrations that conflict with a proposed Personal Name
Registration, then the consent process shall proceed as follows:
(1)
All such Defensive Registrants must consent to the Personal Name
Registration before it may be registered.
(2)
If all such Defensive Registrants consent, then the provisions
of 2(g)(ii)(6) shall apply.
(3)
If fewer than all of the Defensive Registrants consent, then all
of the Defensive Registrants (consenting and non-consenting) will
be subject to consolidated ERDRP proceeding if a proceeding is
initiated and each must pay the full amount of any required challenge
fee into escrow.
(4)
If the ERDRP proceeding is resolved in favor of the challenger,
then all of the Defensive Registrants (A) shall be liable to pay
a pro rata share of the challenge fee, which will be deducted
from the Defensive Registrants' challenge fee paid into escrow,
(B) shall receive one "strike" against their Defensive
Registrations for the purposes of Subsection 2(h)(v)(5) below,
(C) the remedies described in Subsections 2(h)(v) and 2(h)(vi)
shall apply.
(5)
If the ERDRP proceeding is resolved in favor of the Defensive
Registrant(s), then the provisions of Subsection 2(h)(vii) shall
apply.
(h)
Challenges to Defensive Registrations.
(i)
A Defensive Registration may be challenged by any person or entity
pursuant to the ERDRP.
(ii)
If a challenger seeks to register a Personal Name that conflicts
with a Defensive Registration(s) that is held by more than one registrant,
the challenger must name all such Defensive Registrations and Registrant(s)
as parties to the ERDRP proceeding. In the event that a challenger
decides to seek consent from one Defensive Registrant, the challenger
must seek consent from all of the affected Defensive Registrant(s).
(iii)
Upon the commencement of an ERDRP challenge to a Defensive Registration(s),
all Defensive Registrant(s) and the challenger shall pay required
challenge fees into escrow, in accordance with the procedures described
in the ERDRP and any supplemental rules established by a dispute
resolution provider. See Appendix M for details.
(iv)
If any Defensive Registrant does not submit its challenge fee into
escrow as required under the ERDRP, then the ICANN-Accredited Registrar
sponsoring such Defensive Registration shall cancel that Defensive
Registrant's Defensive Registration. Such cancellation shall not
affect other Defensive Registrants that have identical or overlapping
Defensive Registrations and have paid the required challenge fee
into escrow.
(v)
For all successful challenges to Defensive Registrations:3
(1)
The Defensive Registrant shall receive no refund of the challenge
fees paid into escrow for the challenge. See Appendix M for details.
(2)
The challenger shall receive a refund of the challenge fees paid
into escrow for the challenge.
(3)
The Registry Operator will not refund any registration fees for
the Defensive Registration in the event of cancellation.
(4)
If the challenger meets the Eligibility Requirements, then he,
she, or it may request a Personal Name Registration that conflicts
with or otherwise would have been blocked by the Defensive Registration.
(5)
If the challenge was to a second or third level Defensive Registration,
the Defensive Registration will receive one "strike"
and the Defensive Registration will otherwise continue in full
force and effect, subject to Subsection 2(h)(vi) below, provided
that if the Defensive Registrant of either a second level Defensive
Registration or third level Defensive Registration receives three
"strikes" against the same Defensive Registration, then
the dispute resolution provider shall instruct the ICANN-Accredited
Registrar (or ICANN-Accredited Registrars, in the case of challenges
against multiple Defensive Registrations as required by Appendix
M) sponsoring such Defensive Registration(s) to cancel the Defensive
Registration(s).
(6)
If the challenge was to a combined second and third level Defensive
Registration, and the challenger meets the Eligibility Requirements,
then the dispute resolution provider shall instruct the ICANN-Accredited
Registrar sponsoring such Defensive Registration to cancel the
Defensive Registration.
(vi)
In the event of a successful challenge to a particular Phase I Defensive
Registration on the basis that the Defensive Registrant did not
meet the requirements described in Subsection 2(b) above, then (A)
the Phase I Defensive Registration will be cancelled, and (B) other
Phase I Defensive Registrations in the name of the Defensive Registrant
shall be reviewed for compliance with the Eligibility Requirements
according to Paragraph 5(f)(iii) of the ERDRP.
(vii)
If a challenge is unsuccessful, then:
(1)
the Defensive Registration(s) will continue in full force and
effect;
(2)
the challenger will not be permitted to obtain the Personal Name
Registration that was blocked by the Defensive Registration or
receive a refund of the challenge fees paid into escrow; and
(3)
the Defensive Registrant will receive a refund of the challenge
fees it paid into escrow.
(i)
Role of Registry Operator. Challenges to Defensive Registrations will
not be enforced directly by or through Registry Operator. Registry
Operator will not review, monitor, or otherwise verify that any particular
Defensive Registration is registered or used in compliance with the
requirements set forth in this Appendix. Proceedings under the ERDRP
must be brought in accordance with the policies and procedures set
forth in Appendix M.
(j)
Role of ICANN-Accredited Registrar. The ICANN-Accredited Registrar
sponsoring a Defensive Registration shall be responsible for (i) causing
all Defensive Registrants to agree to the terms of the ERDRP and the
UDRP, and (ii) implementing remedies under the ERDRP and UDRP according
to the terms of those policies. That registrar shall be the primary
contact for all disputes relating to such Defensive Registration and
shall be responsible for communicating any instructions from a dispute
resolution provider to Registry Operator.
3. Reservation
Registry Operator reserves
the right to transfer or cancel any Registered Name or SLD e-mail (a)
for violations of the Registry Agreement and its Appendices, (b) to
correct mistakes made by Registry Operator or any Registrar in connection
with a domain name or SLD e-mail registration, or (c) avoid any liability,
civil or criminal, on the part of Registry Operator, as well as its
affiliates, subsidiaries, officers, directors and employees. ICANN-Accredited
Registrars registering names in the .name TLD agree to comply with ICANN
standards, policies, procedures, and practices limiting the domain names
that may be registered, and the applicable statutes and regulations
limiting the domain names that may be registered.
4. Disclaimer
The provisions of this Registry
Agreement (including Appendices L and M) shall not create any liability
on the part of Registry Operator to any person or entity other than
ICANN in connection with any dispute concerning any Registered Name,
SLD E-mail Address, or Defensive Registration, including the decision
of any dispute resolution proceeding related to any of the foregoing.
Notes:
1.
This summary of the consequences of ERDRP proceedings is included here
for convenience only. See Appendix M for an authoritative statement
of the operation of the ERDRP.
2.
The UDRP is authoritative and the description provided in this Appendix
is a restatement for convenience.
3.
This summary of the consequences of a successful challenge to a Defensive
Registration is provided for convenience only. See Appendix M for an
authoritative statement of the rights and remedies available via the
ERDRP.
Earlier draft:
3
July 2001
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12-Aug-2003
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The Internet Corporation for Assigned Names and Numbers.
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