FW: Domain Dispute Policy

Dan Kohn (dan@teledesic.com)
Sat, 14 Sep 1996 21:38:13 -0700

>From: Tom Newell[SMTP:tomn@lists.internic.net]
>Sent: Friday, September 13, 1996 5:33 AM
>To: Multiple recipients of list ADMIN-2
>Subject: Domain Dispute Policy
>Revision 02 to the Network Solutions' Domain Name Dispute
>Policy went into effect on Monday, September 9, 1996. The
>full text of the Policy is available at:
> ftp://rs.internic.net/policy/internic.domain.policy
>The following summarizes the significant changes between
>Revision 01 and Revision 02:
> Text and format edited with the objective of making the
> policy easier to read and understand.
> Introduction incorporates statements that previously had
> been scattered throughout the Policy, and specifies:
> Second-level domain names are registered on "first-come,
> first-serve" basis.
> Network Solutions does not determine legality of domain
> name registrations.
> Applicant represents that registration of the domain name
> does not interfere with the rights of any third party,
> and that the domain name is not being registered for any
> unlawful purpose.
> Network Solutions does not act as arbiter of disputes.
> The Policy does not confer any rights upon complainants.
> Section 3: Indemnification is limited to loss or damages
> awarded as the result of or related to registration and use
> of a domain name.
> Section 5(b): Before requesting Network Solutions to take
> action pursuant to the Policy, trademark owners are required
> to notify domain name registrants that their registration
> and use of the domain name violates the legal rights of the
> trademark owner.
> Section 5(c): Network Solutions will only take action under
> the Policy if they are provided both a certified copy of a
> federal trademark registration certificate and a copy of the
> notice provided to the domain name registrant.
> Section 6(b): In those instances when a domain name registrant
> is able to continue their use of the domain name, they are not
> required to provide additional indemnification beyond that
> already specified in the Policy. Additionally, the bonding
> requirement has been deleted.
> Section 6(c): Network Solutions will accept a domain name
> registrant's trademark only if it was registered before the
> date of Network Solutions' request for proof of ownership or
> any third party's notification of a dispute to the registrant,
> whichever is earlier.
> Section 6(e): The timing of the "Hold" status is clarified.
> Section 7: In those instances when either the domain name
> registrant or the trademark owner file suit against the other
> regarding the registration and use of the domain name prior to
> the domain name being placed on "Hold," Network Solutions will
> not place the domain name on "Hold" and will deposit control
> of the domain name into the registry of the court.
> Section 7(a): When a domain name registrant files a law suit
> against a trademark owner, Network Solutions will waive the
> indemnification requirement.
> Section 7(c): Network Solutions will abide by all court orders
> without being named as a party to a law suit.
> Section 7 (d): If named as a party to a law suit, Network
> Solutions reserves the right to raise any and all defenses
> deemed appropriate.
> Section 9: First class mail replaces Certified Mail as an
> acceptable method of providing notice. In addition, e-mail has
> been deleted.