'Tee' recently queried whether dotMobi was
monitoring registrations made during the trademark sunrise period. This is a
question that has arisen many times over the course of the last few months.
Fraudulent registrations are, unfortunately,
a reality for most TLDs and cyber-squatting is the bane of trademark holders
worldwide. And as quickly as some TLDs attempt to take action, cyber-squatters
rise to the challenge and devise increasingly sophisticated methods of
thwarting the system.
In an attempt to address the problem and
take a proactive stance, dotMobi made the decision earlier this year to engage
PricewaterhouseCoopers (PwC) to assist with a trademark validation exercise on
its sunrise registrations. PwC, as many will be aware, assisted with the .eu validation
process and dotMobi has benefited from some of the great experience gained by
PwC during the launch of that TLD.
Tee is correct: It would be impossible (or at the very least extremely
difficult) to verify every dotMobi registration, particularly when
registrations are being clocked up on a daily basis. However, dotMobi has
developed a proprietary and best practice process and is taking the case of
fraudulent applications very seriously. dotMobi reserves the right to cancel
such domains and is currently taking action on several bogus registrations.
Unlike the .eu sunrise, we did not ask that registrants upload their trademark
certificates when making a registration -- a practice viewed by many as
particularly burdensome. However, we advised that registrants had their
trademark documentation to hand lest they were called upon to verify their
trademark information.
In addition, there is the dotMobi Sunrise Challenge Process administered by the World Intellectual Property Organisation. This process runs until December 15th and details can be found on the dotMobi website. A challenger may apply for the cancellation of a registration or, if they meet the sunrise trademark requirements, a direct transfer of the domain.
dotMobi is a strong supporter of the IP and trademark community and has put several other measures in place to protect trademark holders. For example, in order to participate during sunrise, trademarks had to have been registered before 11th July 2005 (the date on which dotMobi signed its contract with ICANN) or have been applied for before that date and registered by the time of domain name registration. This helped circumvent the flood of expedited "bad faith" trademark registrations seen by the Benelux Trademark Office at the end of 2005 in anticipation of the .eu launch. This step has been widely applauded by the trademark community.
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