29 Rights Protection Mechanisms

Prototypical answer:

Table of contents:

1. Application overview
2. Rights Protection Mechanism Description
2.1. Uniform Domain Name Dispute Resolution Policy and Uniform Rapid Suspension System
2.2. Trademark Claims service
2.3. Sunrise service
3. Resources


1. Application overview

The registration policy for the .frogans gTLD registry conforms to its following characteristics:

- The OP3FT (the Applicant) will be the sole and unique holder of domain names in the .frogans gTLD registry;

- The OP3FT will not commercialize any domain names in the .frogans gTLD registry to third parties;

- The maximum number of domain names in the .frogans gTLD registry will be 1,000.

The OP3FT will use domain names in the .frogans gTLD registry for addressing the computers that are dedicated to the functioning of the Frogans layer on the Internet. Typically, the domain names in the .frogans gTLD registry will be composed of informative terms such as “service1.frogans” for example.

To the extent that the OP3FT is both the Registry Operator of the .frogans gTLD and the unique registrant of domain names in the .frogans gTLD registry, there will be neither abusive nor malicious domain name registrations in the .frogans gTLD registry, nor will there be infringements upon the intellectual property rights of third parties.

The OP3FTʹs objective in answering question 29 is to provide a thorough explanation of its policies and procedures to minimize abusive registrations and other activities that have a negative impact on Internet users.


2. Rights Protection Mechanism Description


2.1. Uniform Domain Name Dispute Resolution Policy and Uniform Rapid Suspension System

The OP3FT undertakes to fully implement the provisions of the Uniform Domain Name Dispute Resolution Policy (UDRP - available at www.icann.org⁄en⁄help⁄dndr⁄udrp) as well as the Uniform Rapid Suspension System (URS - available in the Application Guidebook dated January 11, 2012, pages 310 to 320 at http:⁄⁄newgtlds.icann.org⁄en⁄applicants⁄agb) for ensuring that the .frogans gTLD complies to the same rules as those in effect for other gTLDs. This full implementation ensures the protection of rights holders.

As the .frogans gTLD registry operator, the OP3FT will use an internal policy for the registration of domain names in the .frogans gTLD registry that includes the provisions of the UDRP and the URS: each registration will be notably subject to a study for conformity regarding the criteria detailed in paragraphs 4(a), 4(b) and 4(c) of the UDRP and 1.2.6 of the URS.

As the registrant of domain names in the .frogans gTLD registry, the OP3FT will also sign the applicable agreements (e.g. the UDRP) with the registrar(s) of the .frogans gTLD.

AFNIC (Association Française pour le Nommage Internet en Coopération), which provides the registry back-end services to the OP3FT, will apply the UDRP and provide assistance, if necessary, for carrying out decisions rendered by ICANN-approved dispute resolution service providers (UDRP and URS).


2.2. Trademark Claims service

Concerning the service for processing complaints related through rights protection mechanisms (RPMs), the OP3FT will process any complaint with the greatest care and according to the ICANNʹs criteria, notably to cancel any domain name registration which has been shown to represent an abusive registration, for example, through the reception of a detailed notice showing evidence of an infringement of rights through the registration of a domain name in the .frogans gTLD registry.

The OP3FT commits to assign, on a part-time basis, a specifically trained engineer who will be responsible for the registration of domain names in the .frogans gTLD registry. This engineer will be assisted by the OP3FTʹs legal team for ensuring that domain name registrations will be carried out in compliance with the applicable OP3FT policies and in order to process any complaints.

However, such complaints will not occur for domain names registered in the .frogans gTLD registry, given that:

- The OP3FT will be the sole and unique holder of domain names in the .frogans gTLD registry;

- The OP3FT will not commercialize any domain names in the .frogans gTLD registry to third parties.

For further information, please refer to the answer to question 28, section 3.3.


2.3. Sunrise service

ICANN requires that the registry operator offer Sunrise registration services for a minimum of thirty (30) days during the pre-launch phase and notice must be provided to all trademark holders in the Trademark Clearinghouse (TMCH) if someone is seeking a sunrise registration.

Given the following characteristics of the .frogans gTLD, being that

- the OP3FT will be the sole and unique holder of domain names in the .frogans gTLD registry,

- the OP3FT will not commercialize any domain names in the .frogans gTLD registry to third parties and

- the maximum number of domain names in the .frogans gTLD registry will be 1,000,

the organization of a Sunrise registration service does not appear to the OP3FT to provide the Internet community with tangible value. However, the OP3FT will organize the appropriate Sunrise registration services if ICANN so requires in the final Registry Agreement.


3. Resources

The OP3FT will assign, on a part-time basis, a specifically trained engineer who will be responsible for the registration of domain names in the .frogans gTLD registry. This engineer will be assisted by the OP3FTʹs legal team for ensuring that domain name registrations will be carried out in compliance with the applicable OP3FT policies and in order to process any complaints.

Additionally, a technical system for processing the domain name registration policy in the .frogans gTLD registry will be implemented by AFNIC as the provider of registry back-end services to the OP3FT.

All resources necessary for the development, deployment and application of an internal domain name registration policy for respecting third-party rights, conforming to ICANN policies (the UDRP and the URS, in particular) have been integrated into the OP3FT budget.

Further details concerning the costs of these resources are provided in the answer to question 47(a).

These technical functions for the protection of third-party rights and for the regulatory conformity of the .frogans gTLD are thus ensured without interruption and without discrimination.

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