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Eligibility Requirements     
What is the ERDRP?     
Consent/Denial Process     
Filing a Complaint     
Defensive registrations     
ERDRP Dispute Resolution Providers     

Defensive registrations: what defensive registrants should know

As an owner of a Defensive Registration (a “Defensive Registrant”), you need to be aware of certain aspects of your Defensive Registration.

General

Defensive Registrations are designed for the owners of trademarks and service marks who want to block the registration of names within the .name top level domain that conflict with their intellectual property. Defensive Registrations help to prevent individuals from potentially misusing trademarks and service marks on the Internet.

It is important to note, however, that a Defensive Registration may be challenged within the ERDRP, resulting in the potential cancellation of your Defensive Registration. Defensive Registrations, depending on the type (whether Standard or Premium) can withstand a certain number of “strikes” (successful challenges against Defensive Registrations within the ERDRP) before they are subject to cancellation, as follows:

  • A Premium Defensive Registration can withstand 3 strikes.
  • A Standard Defensive Registration can withstand 1 strike.

Ensure that you comply with the .name Eligibility Requirements. The ERDRP challenge process and alternatives to the challenge process are described briefly below.

When might my Defensive Registration be subject to a challenge?
A Defensive Registration may be the subject of a challenge under the ERDRP if:

  • A challenger believes that your Defensive Registration does not meet the Eligibility Requirements, or
  • A challenger believes that notwithstanding your defensive Registration, he or she is entitled to register a name that is otherwise blocked by your Defensive Registration because of such name's conformance with the Eligibility Requirements.

If a challenger files a complaint against your Defensive Registration, you must comply with the ERDRP Rules, as well as the supplemental rules of the ERDRP dispute resolution provider (available on the applicable dispute resolution provider's web site). In particular, upon receiving a complaint from the dispute resolution provider, you should promptly respond to the complaint and pay the relevant fees into escrow.

Can I avoid being challenged under the ERDRP?
Note that individuals who are blocked from registering names that conflict with your Defensive Registration are being advised first to seek consent from you, the Defensive Registrant, instead of resorting immediately to the ERDRP. Through this consent process, an individual will ask for your consent to register the name in question. If you grant consent, the individual may register that name in the .name top level domain, and your Defensive Registration will remain intact. Granting consent to an individual with legitimate rights in a certain name will minimize the ERDRP challenges and therefore the number of successful strikes against your Defensive Registration, helping you to maintain your Defensive Registration intact.

Why should I consent?
The consent process established by Global Name Registry is practical for two reasons. First, it allows individuals whose names meet the Eligibility Requirements to attempt to gain access to names blocked by Defensive Registrations without going through the ERDRP dispute resolution process. The consent process can be likened to settlement negotiations that take place outside of a regulated forum. Second, and more importantly, for you, the Defensive Registrant, the consent process provides you with the ability to grant access on a supervised and limited basis to individuals who legitimately have a right to a name (under the Eligibility Requirements) that is otherwise blocked by your Defensive Registration. This is important because:

  • The consent process allows you a certain measure of control over which individuals can gain access to the use of your trademark or service mark in their .name registration.
  • By consenting to the .name registration by an individual whose name meets the Eligibility Requirements, you avoid the ERDRP dispute resolution process, thereby avoiding the possibility that a strike against your Defensive Registration will arise.
  • Remember that your Defensive Registration is subject to cancellation under the ERDRP by virtue of 1 successful strike against a Standard Defensive Registration or 3 successful strikes against a Premium Defensive Registration.

How do I grant consent?
When an individual attempts to register a name that conflicts with your Defensive Registration, he or she will be issued a Consent ID. That individual will then contact you to request consent (using your contact information available in the Whois database) to request consent, referring to the Consent ID and providing supporting evidence of conformance with the Eligibility Requirements. Following the receipt of such a request, you should take the following steps:

  • Evaluate the individual's consent - do they meet the Eligibility Requirements for the registration of a .name domain or email?
    • Note that you should not feel obliged to grant consent if you do not believe that the individual's proposed registration meets the Eligibility Requirements.
  • Grant or refuse consent within 10 days of receiving the request for consent.
    If you do not respond within 10 days, you will be deemed to have refused consent, leaving your Defensive Registration open to an ERDRP dispute.
  • If you consent, you must follow the steps set forth in the Global Name Registry Consent/Denial Process, which releases the previously barred registration.

Under the terms and conditions of your Defensive Registration, you may not accept any type of remuneration in consideration for your granting consent to any individual.

Once you have completed the consent process described above, the name requested will resolve, the registrar will give the individual who has sought consent notice of such resolution, and your Defensive Registration will remain intact.

Can I deny consent? How?
You can deny consent implicitly simply by not responding to the request for consent. You can also deny consent actively by using the Global Name Registry Consent/Denial interface and confirming that you deny consent to a particular .name registration.

When might my Defensive Registration be cancelled?
Your Defensive Registration may be cancelled at the instruction of the dispute resolution provider to your sponsoring registrar if any of the following occurs:

  • You don't pay your fees into escrow in a timely manner when you are served with a complaint under the ERDRP.
  • A dispute resolution provider finds that your Defensive Registration fails to meet the Eligibility Requirements.
    • If you own multiple Defensive Registrations, upon a finding that one of your Defensive Registrations fails to meet the Eligibility Requirements, the dispute resolution provider will conduct an ex officio proceeding (that is, a proceeding not initiated by an individual challenger, but by the dispute resolution provider itself) to review whether the balance of your Defensive Registrations meet the Eligibility Requirements.
  • After 1 strike, if you own a Standard Defensive Registration.
  • After 3 strikes, if you own a Premium Defensive Registration.

What happens upon if my Defensive Registration is cancelled?
Upon a successful challenge and subsequent cancellation of your Defensive Registration:

  • Your Defensive Registration will cease to have any effect, and registrations in .name, which were previously blocked by your Defensive Registration, may be registered.
  • You will not receive a refund of any registration fees paid for the Defensive Registration.
  • You will not receive a refund of any fees paid to defend against the complaint filed within the ERDRP.


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