Sunrise Challenge Policy (Original)

[Note: A revised version of this policy has been posted, persuant to the Policy Modification provisions (see paragraph 7) and after approval by ICANN.]

  1. Purpose. This Sunrise Registration Challenge Policy (the "Policy")
    has been adopted by Afilias.  It is incorporated by reference into the
    <.info> Registration Agreement (the "Registration Agreement"). 
    It sets forth the terms and conditions in connection with a dispute between
    you (as the registrant) and any party other than us (as the registrar) or
    the registry operator for the <.info> top-level domain (the "Registry")
    regarding the compliance of your registration of a second-level domain name
    (the "Domain Name") with the sunrise registration conditions set forth in
    the Registration Agreement.

    Proceedings under Paragraph 4 of this Policy will be conducted according to
    the Rules for Sunrise Registration Challenge Policy (the "Rules").
  2. Your Representations. By applying to register a domain name in accordance
    with the sunrise registration conditions of the Registration Agreement, you
    hereby represent and warrant to us that (a) the statements that you made in
    your Registration Agreement are complete and accurate; (b) the registration
    of the Domain Name complies with the sunrise registration conditions set forth
    in the Registration Agreement; (c) to your knowledge, the Domain Name will
    not infringe upon or otherwise violate the rights of any third party; (d)
    you are not registering the Domain Name for an unlawful purpose; and (e) you
    will not knowingly use the Domain Name in violation of any applicable laws
    or regulations.  It is your responsibility to determine whether your
    Domain Name registration infringes or violates someone else's rights.
  3. Cancellations, Transfers, and Changes. We will cancel, transfer or
    otherwise make changes to a domain name registration that is subject to this
    Policy under the following circumstances:



    a.    subject to the provisions of Paragraph 6, our receipt of written
    or appropriate electronic instructions from you or your authorized agent to
    take such action; and/or



    b.     our receipt of an order from a court or arbitral tribunal,
    in each case of competent jurisdiction, requiring such action; and/or



    c.     our receipt of a decision requiring such action in any administrative
    proceeding to which you were a party and which was conducted under this Policy
    or a later version of this Policy adopted by Afilias.



    We may also cancel, transfer or otherwise make changes to a domain name registration
    in accordance with the terms of the Registration Agreement or other legal
    requirements.
  4. Mandatory Administrative Proceeding.  

    This Paragraph sets forth the type of disputes for which you are required
    to submit to a mandatory administrative proceeding.  These proceedings
    will be administered by the World Intellectual Property Organization Arbitration
    and Mediation Center (the "Center").

    a.     Applicable Disputes. You are required to submit to
    a mandatory administrative proceeding in the event that a third party (the
    "Challenger") asserts to the Center, in compliance with the Rules, that:

    (i)    at the time of your registration of the Domain Name, no current
    (non-expired) trademark or service mark registration was issued in your name;1
    or

    (ii)    the Domain Name is not identical to the textual or word
    elements of the trademark or service mark registration on which the registration
    of your Domain Name is based;2 or

    (iii)    the trademark or service mark registration on which the
    registration of your Domain Name is based is not of national effect;3
    or

    (iv)    the trademark or service mark registration on which the
    registration of your Domain Name was based did not issue prior to October
    2, 2000.

    All challenges under this Policy must be submitted to the Center not later
    than one hundred and twenty (120) days after the conclusion of the Sunrise
    Registration Period.

    b.     How to Demonstrate Your Compliance with the Sunrise Registration
    Conditions.
      When you receive a challenge, you should refer to the
    Rules to determine how your response should be prepared.  To demonstrate
    that you have complied with the sunrise registration conditions of the Registration
    Agreement, you must submit, as part of your response, an original or a certified
    copy of a trademark or service mark certificate establishing that:

    (i)    at the time of your registration of the Domain Name, a trademark
    or service mark was registered in your name and was current (non-expired),
    as evidenced by the date(s) set forth in the certificate itself;4
    and

    (ii)    the textual or word elements of the trademark or service
    mark registration are identical to the Domain Name;5
    and

    (iii)    the trademark or service mark registration was of national
    effect;6 and

    (iv)    the trademark or service mark registration was issued prior
    to October 2, 2000.

    c.     Decision.  The challenge will be decided upon
    by the Center.  The Center's determination of whether your response meets
    the conditions set forth in Paragraph 4(b) will be based solely on a prima
    facie examination of any trademark or service mark certificates submitted
    by you.  The Center's decision is of an administrative nature and shall
    be final.  The Center shall not be required to state reasons for its
    decision.

    d.     Initiation of Proceeding.  The Rules state the
    process for initiating and conducting a proceeding under this Policy. 


    e.     Consolidation.  A challenge may not relate to
    more than one domain name. In the event a Challenger under this Policy submitted
    more than one challenge against you, either you or the Challenger may petition
    the Center to consolidate such disputes. The Center may consolidate before
    it any or all such disputes in its sole discretion, provided that the disputes
    being consolidated are governed by this Policy.

    f.    Fees.  In accordance with the Rules, the submission
    of a challenge under this Policy, as well as the submission of a response
    thereto, is subject to the payment of, respectively, a Challenger's fee and
    a Respondent's fee in the amount of USD 295, subject to the provisions of
    Rules, Paragraph 13.  All payments are to be made by credit card. 
    If a challenge is submitted, but the Challenger's fee is not paid in accordance
    with the Rules, the challenge will be dismissed on the basis of the Challenger's
    failure to pay its fee.  If the Respondent's fee is not paid in accordance
    with the Rules, the challenge will be granted on the basis of the Respondent's
    failure to pay its fee, provided the challenge is in formal compliance with
    the Policy and Rules.  The Rules describe the circumstances under which
    either the Challenger or the Respondent will be entitled to a reimbursement
    of the fees paid.

    g.    Our Involvement in Administrative Proceedings. 
    We do not, and will not, participate in the administration or conduct of any
    proceeding before the Center under this Policy.  In addition, we will
    not be liable as a result of any decisions rendered by the Center.

    h.    Remedies.  The remedies available to a Challenger
    shall be limited to requiring the cancellation of your Domain Name registration
    or the transfer of your Domain Name registration to the Challenger.

    i.    Notification. The Center shall notify any decision
    made under this Policy with respect to a Domain Name you have registered with
    us in accordance with the Rules.

    j.    Implementation of the Decision.  The Center will
    notify its decision to the Registry for implementation.  In cases where
    a prevailing Challenger seeks the transfer of the Domain Name, such Challenger
    will be provided with an authorization code generated by the Registry which
    will allow the Challenger to register the Domain Name in its name, at the
    registrar of its choice, within 10 days of the date on which the notification
    of the authorization code is sent to the Challenger, in accordance with and
    subject to the sunrise registration conditions set forth in the Registration
    Agreement.

    k.    Multiple Challenges.  In the event more than one
    challenge is submitted to the Center regarding the same Domain Name, the following
    shall apply:

    (i)    All such challenges will be queued in accordance with the
    date and time they were received by the Center.  The first challenge
    to be filed will be granted priority, provided the Center is satisfied that
    the Challenger concerned paid the Challenger's fee in accordance with the
    Rules (the "Priority Challenge" and the "Priority Challenger").

    (ii)    If the Center finds that you have registered the Domain
    Name in compliance with the sunrise registration conditions set forth in the
    Registration Agreement, the Center will dismiss the Priority Challenge, as
    well as all other challenges in the queue.

    (iii)    If the Center is unable to find that you have registered
    the Domain Name in compliance with the sunrise registration conditions set
    forth in the Registration Agreement, the Priority Challenger will be granted7.


    (iv)    If a prevailing Priority Challenger sought a cancellation
    or if the Center is informed by the Registry that a prevailing Priority Challenger
    who sought a transfer has failed to register the Domain Name in its name by
    the end of the time period stipulated in Paragraph 4(j) of this Policy, the
    Center shall grant the next Challenger in the queue the opportunity to register
    the Domain Name in its name in accordance with and subject to the sunrise
    registration conditions set forth in the Registration Agreement, provided
    such Challenger has submitted a challenge requesting a transfer which is in
    formal compliance with the Policy and the Rules, and the Center is satisfied
    that the Challenger has paid the Challenger's fee in accordance with the Rules.

    (v)    The procedure described in Paragraph (iv) will be repeated
    until the Domain Name has been registered in the name of a Challenger in the
    queue or until there are no Challengers in the queue.  If, upon the expiry
    of the Sunrise Challenge Period referred to in Paragraph 4(a) above, 
    there

    are no Challengers in the queue, the Domain Name will be returned to the pool
    of available domain names in accordance with the Registry's procedures for
    cancelled domain name registrations.

    (vi)    As soon as a Domain Name has been registered in the name
    of a Challenger in accordance with the previous provisions of this Paragraph,
    the Registry will notify the Center thereof and the Center will notify such
    registration to any remaining Challengers.  Any remaining Challenger
    may initiate a new challenge against the new registrant.  The Priority
    Challenger for any such new proceeding will be determined in accordance with
    the originally generated queue in relation to the domain name in question,
    provided the challenge is submitted within thirty (30) days of the notification
    of the new domain name registration, and any subsequent challenges that have
    been added.

    5.    Maintaining the Status Quo.  We will not cancel,
    transfer, activate, deactivate, or otherwise change the status of any Domain
    Name registration subject to this Policy, except as provided in Paragraph
    3 and 4 above.

    6.     Transfers During a Dispute.

    a.     Transfers of a Domain Name to a New Holder. You may not transfer
    your Domain Name registration that is subject to this Policy to another holder
    until all challenges brought pursuant to this Policy in relation to this Domain
    Name have been resolved, except that a transfer may be made to the Priority
    Challenger in a pending administrative proceeding under this Policy (e.g.,
    in the event of a settlement of the dispute).  Any registration pursuant
    to such transfer will be subject the sunrise registration conditions set forth
    in the Registration Agreement.

    b.     Changing Registrars. You may not transfer your Domain Name
    registration that is subject to this Policy to another registrar until all
    challenges pursuant to this Policy have been resolved.

    7.    Policy Modifications.

    Afilias reserves the right to modify this Policy at any time with the permission
    of ICANN. We will post the revised Policy at
    http://www.afilias.info
    at least fifteen (15) days before it becomes effective.
    Unless this Policy has already been invoked by the submission of a challenge
    to the Center, in which event the version of the Policy in effect at the time
    it was invoked will apply to you until the dispute is over, all such changes
    will be binding upon you with respect to any Domain Name registration dispute,
    whether the dispute arose before, on or after the effective date of the change.
    In the event that you object to a change in this Policy, your sole remedy
    is to cancel your Domain Name registration with us, provided that you will
    not be entitled to a refund of any fees you paid to us. The revised Policy
    will apply to you until you cancel your Domain Name registration.


    1 A registration in the
    supplemental register of the United States Patent and Trademark Office does
    not qualify as such registration.
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    2 Identity will
    be deemed to exist also where there is a space between the textual or word
    elements of the mark (e.g., service mark) and a hyphen is used or the elements
    are combined in the Domain Name (e.g., service-mark.info or servicemark.info). 
    In all other respects, the Domain Name must be identical to the textual or
    word elements of the mark.
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    3 For instance,
    European Community Trademarks meet the condition of national effect, but United
    States state trademarks or service marks do not.
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    4 Reference is
    made to footnote 1.
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    5 Reference is
    made to footnote 2.
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    6 Reference is
    made to footnote 3.
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    7 The Center will
    be unable to find that you have registered the Domain Name in compliance with
    the sunrise registration conditions set forth in the Registration Agreement
    if inter alia you fail to pay the Respondent's fee referred to in Paragraph
    4(f) of this Policy.
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