- The process for the introduction of the new .biz top level domain registries provides
for the lodgement of "IP Claims" – notifications of trade mark rights - to
discourage "cybersquatters" from adopting existing trade marks as .biz domain
names.
- The first stage of this process is the lodgement of an "IP Claim" with the
.biz registry, NeuLevel, Inc. This can be done through the local registrar Melbourne IT,
and must be completed by 9 July 2001. The lodgement of an IP Claim does not guarantee that
the claimant will, should it also apply for the domain name in question, be granted the
domain name, but rather functions to put other parties on notice of the trade mark rights
of the claimant.
- Organisations which have lodged an IP Claim, must apply separately for the relevant .biz
domain name if they wish to register it.
- In the second stage, applications for registration of domain names will be open through
the registrars from after the end of the IP claim period, through until late September
2001. Applications will be processed randomly.
- Where the character string of a domain name for which registration is sought is
identical to a trade mark which has been the subject of an IP claim, the registrar will
notify the applicant and place the application "on hold" for 30 days. If during
this period the applicant notifies the registrar that it wishes to proceed with the
application, the application will be included in the selection process.
- The .biz domain will go live in November 2001. IP claimants will be notified of any
matches between their trade marks and domain names which have been registered, together
with the WHOIS data for the registrant. The claimant will then have the option of
negotiating with the registrant, or using the processes of the Start-up Trademark
Opposition Policy (STOP), which carries a lower burden of proof than the standard Uniform
Dispute Resolution Policy which will apply after the .biz launch.
Clients should review their important trade marks and consider the lodgement of IP
claims before the deadline of 9 July.
Further information on the process can be obtained from Melbourne IT at www.inww.com or NeuLevel Inc at www.neulevel.com.
The staff of Halford and Co will be also be pleased to assist.
Halford & Co.
June 2001 |
