29 Rights Protection Mechanisms

Prototypical answer:

Table of Contents

1 - Eligibility rules
1.1 - Eligibility
1.2 - Resourcing
2 - Phishing ⁄ pharming ⁄ other practices with a negative impact on consumers
3 - Mandatory rights protection mechanisms (RPMs)
3.1 - Trademark claims notice service
3.2 - Sunrise Service
3.3 - URS
3.4 - UDRP
3.5 - PDDRP
3.6 - RRDRP



This application is a Brand Community application intended to serve the interests of MMAʹs Community. Therefore, its nature, structure and purpose, are a natural safeguard to limit potential rights infringements issues.


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1 - Eligibility rules

The registration conditions and procedure of .MMA domain names exclude automatic delegation of such domains. Indeed, all applications for the use of domain names have to pass the ad hoc Delegation Commission checking, and it is only if and when approved by that Delegation Commission that they will be registered.

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1.1 - Eligibility

While ownership of domain names under .MMA is restricted to MMA, Domain Name Users may only be members of MMAʹs community who abide by the eligibility conditions as provided for in this application.

Details of .MMA domains registration rules and validation procedure:

* Any applicant meeting MMAʹs eligibility requirements for the use of a domain name under .MMA may apply for a use license for a .MMA domain name.

* Compliance with eligibility requirements will systematically be verified at the time of application by the Delegation Commission (2 members from legal and commercial departments). Domain Users will be asked to provide detailed information such as identification details, contact information and profession-specific information (e.g. license number).

* When approved by the Delegation Commission, the applied for domain name will be registered in the name of the Single Registrant. Only a use license is given to the domain name applicant.

* The Delegation Commission may decide for strategic reasons to reserve the use of the domain name to the Single Registrant.

* The Delegation Commission’s mission is to analyze:
* The applied for domain name: For the assessment of relevant domain names, the Delegation Commission will take into account prior third parties rights by searching the TMCH. In the event identical previous rights are identified, the Commission will assess the risk of confusion and potential infringement.
* The intended use of domain names: Apart from the compliance with MMA community values, the commission will pay special attention to the potential risks of infringement to third parties rights and to the patterns deemed to have negative consequences on the public. More specifically, use raising risks of phishing and pharming practices will automatically be rejected.

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1.2 - Resourcing

Registration of .MMA domain names results from a decision of the Delegation Commission.
The Delegation Commission consists of 2 members from MMAʹs legal and commercial departments who assess the potential conflicts raised by the registration of a domain name including, but not limited to, trademark rights, geographical names, public order and morality.
The Delegation Commission will be designated at the opening of the Registry.


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2 - Phishing ⁄ pharming ⁄ other practices with a negative impact on consumers

The Registry will proceed with different actions to sensitize the Community members and the users to such misconducts.
As mentioned in question 28, these actions may include but are not limited to:
* Display of warning(s) on the Registry site as well as on other MMA websites,
* Emailing campaigns,
* Communication through secured systems,
* Possibility to reach the Abuse Point of Contact.


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3 - Mandatory rights protection mechanisms (RPMs)

First, these RPMs consist of a trademark claims service and a Sunrise period, which will be implemented through the use of the Trademark Clearing House (TMCH).

Moreover, the .MMA registry undertakes to implement and adhere to any rights protection mechanisms (“RPMs”) that may be mandated by ICANN, among which URS and UDRP, but also the trademark post-delegation dispute resolution procedure (Trademark PDDRP) and the Registry Restrictions Dispute Resolution Procedure (RRDRP) .

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3.1 - Trademark claims notice service

* The Registry is committed to providing this notice service to applicants of existing trademark rights and to rights holders of relevant names.

* The Registry is moreover committed to continue offering this service after the end of the start-up phase.

* Before registration of any domain name, trademark rights are considered by the Delegation Commission during the domain name delegation procedure. Delegation Commission will refer spontaneously to the TMCH to minimize the risks of trademarks abuse.

* At the end of the Sunrise period, trademark claims notifications will be sent to domain names applicants if the applied for domain name matches a trademark registered in the TMCH. Trademark claims notice will provide the domain name applicant with relevant information on the scope of the mark holder’s rights i.e. TMCH database information. These links will be provided at no costs.

* At the end of the Sunrise period, trademark claimants in the TMCH will receive notice of “just accepted” sunrise registrations.

* After the Sunrise period, trademark holders registered in the TMCH will continue receiving notification of registration of domain names matching the claimed trademark rights.

* After registration of the domain name, trademark claims may be sent to the designated Abuse Point of Contact.

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3.2 - Sunrise Service

* A 30 days minimal length Sunrise Period will be set up at the opening of the Registry.

* This Sunrise Period will first take into account previous intellectual property rights, including trademark rights (registered rights or common law rights), such as those registered with the TMCH.

* Trademarks rights owners may request the use of a relevant domain name to their trademarks. If fulfilling the eligibility requirements, trademark rights owners may be granted priority for the use of the relevant domain name.

* Sunrise Period will grant certain advantages to Community members. Priority may be given to a part of the Community, according to criteria to be defined by the Community. Such criteria may include but are not limited to:
* Nature of the relation with the Community,
* Seniority among the Community,
* Trademark rights,
* Position in the Community.

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3.3 - URS

* The URS - primarily designed to be faster and cheaper than the UDRP - is intended for what ICANN refers to as “clear cut instances of trademark abuse”.

* After receiving a notice by email on the filing of a URS complaint, the Registry will lock the contested domain. This means the Registry will restrict all changes to the registration data, including transfer and deletion of the domain names, but the name will continue to resolve. The Registry will then notify the URS provider immediately upon locking the domain name (ʺNotice of Lockʺ).

* The Registry and its registrar(s) are bound by specific URS procedure remedy, namely the suspension of the domain name for the registration period.


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3.4 - UDRP

* The Registry acknowledges the position and validity of the dispute resolution system set up by ICANN and the legitimacy of the provider(s) chosen by ICANN. Any dispute arising according to these rules will be submitted to the Uniform Dispute Resolution procedure. The Registry guarantees its full cooperation and will provide any required information within a reasonable timeframe. Decisions will be executed within the required deadlines.

* Upon notification, the Registry reserves the right to remedy the situation as per the complainant’s request even before a decision is made by the UDRP provider:
* by suspending the domain name,
* by deleting the domain name, or
* by contemplating the possibility to re-delegate the use of the domain name to the complainant (insofar as the eligibility criteria are met).

* In the case of a Single Registrant, MMA’s understanding is that the UDRP procedure can only lead to the rejection of the complainant’s request, or to the deletion of the domain name but cannot consist of a transfer to a third party.

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3.5 - PDDRP

The Trademark PDDRP is designed to deal with abuse in both the top and second levels. As provided in Specification 7 “MINIMUM REQUIREMENTS FOR RIGHTS PROTECTION MECHANISMS” of the Base Registry Agreement, .MMA registry will comply with the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) adopted by ICANN.

According to said Specification 7, PDDRP occurs when a third-party complainant (“Complainant”) has filed a Complaint with a Provider asserting that the Complainant is a trademark holder (which may include either registered or unregistered marks) claiming that one or more of its marks have been infringed, and thereby the Complainant has been harmed, by the registry operator’s manner of operation or use of the gTLD.

.MMA registry agrees to implement and adhere, if founded, to any remedies the Expert panel may recommend on that basis (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Registry Agreement) following a determination by any PDDRP panel (when purposeful abuse of a brand by the registry is evidenced) and to be bound by any such determination.

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3.6 - RRDRP

As .MMA is a community-based- top-level domain, MMA acknowledges that RRDRP will apply.

As provided in Specification 7 “MINIMUM REQUIREMENTS FOR RIGHTS PROTECTION MECHANISMS” of the Base Registry Agreement, the .MMA registry will comply with the Registration Restriction Dispute Resolution Procedure (RRDRP) adopted by ICANN.

According to said Specification 7, RRDRP occurs when a third-party complainant (“Complainant”) has filed a Complaint with a Provider asserting that the Complainant is a harmed established institution (that has a connection with the Community) as a result of the community-based gTLD registry operator not complying with the registration restrictions set out in the Registry Agreement.

MMA agrees to implement and adhere, if founded, to any remedies the Expert panel may recommend on that basis (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Registry Agreement) following a determination by any RRDRP panel and to be bound by any such determination.

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