ADDENDUM TO NAME COLLISION OCCURRENCE ASSESSMENT
14 November 2014
RE: Requirements
for Implementing Rights Protection Mechanisms for Activation of Names on Second-Level
Domain Block Lists
Dear Registry Operator:
Pursuant to the Name
Collision Occurrence Assessment[1]
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[2],
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.
Registry Operator may allocate
names that were (i) included on an SLD Block List of the Registry Operator’s
Alternate Path to Delegation Report and (ii) recorded in the Trademark
Clearinghouse that Registry Operator withheld from allocation during its
Sunrise Period (“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; 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 must transmit any name
registered during an exclusive registration period pursuant to this Addendum to
the TMCH Sunrise and Claims Operator in its List of Registered Domain Names, as
specified in the TMCH Functional Specification. 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 (https://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 has implemented
the measures set forth in Section II of the Assessment, or (ii) designated as a
“.Brand TLD” via Specification 13, shall include the names
on the SLD Block List 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 Addendum.
Registry Operator is not
obligated to provide an exclusive registration period or a Trademark Claims
Period for names (i) included on an SLD Block List,
(ii) recorded in the Trademark Clearinghouse, and (iii) made available during
its Sunrise Period but withheld from allocation during its Claims Period. Registry
Operator is not obligated to provide an exclusive registration period for names
on the SLD Block List it will continue to reserve.[3]
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 serve as precedent for
future discussions of RPM Requirements.
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.
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
[1] Available at: http://newgtlds.icann.org/sites/default/files/agreements/name-collision-assessment-04aug14-en.htm
[3] Names reserved by Registry
Operator remain subject to Section 2.4.3 of the RPM Requirements.