ADDENDUM TO NAME COLLISION OCCURRENCE ASSESSMENT
7 November 2014
RE: .[TLD] Rights Protection Mechanisms for Activation of
Names in the [.TLD] Registry
Dear Registry Operator:
Pursuant to the Name
Collision Occurrence Assessment previously forwarded for the above-referenced
TLD (the “Assessment”), and as previously authorized by the ICANN Board New gTLD Program Committee on 30 July 2014[1],
ICANN has now concluded the 90-day public consultation period regarding appropriate
rights protection mechanisms for the activation of names identified in Section
II(C)(i) of the Assessment that were (i) included on an SLD Block List of the Registry Operator’s
Alternate Path to Delegation Report (ii) recorded in the Trademark
Clearinghouse, and (iii) that Registry Operator withheld from allocation during
its Sunrise Period or Claims Period (“Affected Names”).
Registry Operator may allocate
Affected Names, provided that it implements an “exclusive registration period”
that meets the following criteria:
1.
During an
exclusive registration period, Affected Names must be made exclusively
available for registration to SMD holders by either:
a.
Option A –
Registry Operator Selected Exclusive Registration Dates:
i. If the registry previously conducted a Start-Date
Sunrise - provide a minimum of thirty (30) calendar days notice of the
exclusive registration period followed by at least thirty (30) calendar days of
exclusive registration if the Registry Operator’s Sunrise policies permit a
Start-Date Sunrise; or
ii. If the registry previously conducted an End-Date
Sunrise - provide at least a sixty (60) calendar
day exclusive registration period.
or;
b.
Option B –
ICANN Selected Exclusive Registration Dates: Registry Operator may opt into one of two selected exclusive
registration periods announced by ICANN to permit exclusive registration
periods for multiple TLDs at the same time. Registry Operator may opt into one
of the ICANN selected exclusive registration periods by providing a minimum of
ten (10) calendar days notice to ICANN of its decision to do so, followed by at
least thirty (30) calendar days of the selected exclusive registration period.
During
the chosen exclusive registration period, Registry Operator may only allocate
Affected Names to Sunrise Eligible Rights Holders on the basis of a valid
Signed Mark Data (SMD) file. Registry Operator
is not obligated to provide a follow-on Trademark Claims Period following the close
of the exclusive registration period provided and is not obligated to provide
an exclusive registration period for names it will continue to reserve.
Registry
Operator may activate Affected Names subject to the requirements of the
Registry Agreement and the Name Collision Occurrence Assessment concerning
activation.
2.
Prior to offering
an exclusive registration period, the registry must submit to ICANN via the GDD
Portal (gddportal.icann.org) the following information:
a.
Start date and
end date for the exclusive registration period; and
b.
The TLD’s exclusive
registration period registration policies.
Registry
Operator must extend availability of the Sunrise dispute resolution procedure
used during its Sunrise Period (as defined in the RPM Requirements) to also address
disputes regarding its registration of Affected Names registered during the
exclusive registration period.
3.
For the avoidance
of doubt, any TLD (i) delegated before 18 August 2014
(00:00 UTC) that has not activated names (other than “nic.tld”),
and (ii) implemented the measures set forth in Section II of the Assessment, shall
include the names on the SLD Block List of the Registry Operator’s Alternate
Path to Delegation in its Sunrise Period and Claims Period if Registry Operator has not provided notice to ICANN and the TMCH
Sunrise and Claims Operator of its Sunrise Period on or before the date of this
Assessment Addendum.
Except as specifically set forth in this Addendum, the terms
and conditions of the Registry Agreement and the Assessment shall remain in
full force and binding effect. The rights protection mechanisms set forth in
this Addendum are unique to the circumstances of the Alternate Path to
Delegation and are not intended to alter the 30 September 2013 Trademark
Clearinghouse Rights Protection Mechanism Requirements (“RPM Requirements”)
(including the application of RPMs to names released from reservation by the
Registry Operator[2])
or to otherwise serve as precedent for future discussions of RPM Requirements.
For additional information
regarding the requirements a registry must implement as part of its Assessment,
please reference the Name Collision Occurrence Framework, which may be found at
https://www.icann.org/en/system/files/files/name-collision-framework-30jul14-en.pdf.
Regards,
Akram Atallah
President, Global Domains Division
ICANN