| NEWSLETTERS
& UPDATES |
March
2002 |
US
DOMAIN NAME SPACE:
Now Accepting Applications from Trademark
Owners Only
© CHRISTINE Q. MCLEOD,
2002 |
Last
month, the U.S. government announced the re-launch
of its .US top-level domain. Previously only for
state and local government agencies, the .US extension
is now open to individuals and organizations that
have a substantive connection to the United States.
To run the .US registry, the U.S. Department of
Commerce selected NeuStar located at www.neustar.us.
Sunrise Period Only for Trademark Owners
The Sunrise period for applying for .US domain
names based on existing or pending trademarks
began on March 4, 2002 and will run until April
9, 2002. During this time period, owners of existing
U.S. trademark registrations or pending applications
will be able to apply for .US domain names that
correspond to their respective marks. Only those
owners of trademarks that have been registered
or applied for as of July 27, 2001, however, will
be eligible to apply during the Sunrise period.
A random selection process will be used to determine
which Sunrise applicants will receive domain names.
First Come, First Served Availability
Beginning on April 24, 2002, any .US domain names
not previously assigned as part of the Sunrise
process may be applied for on a first come, first
served basis to qualified applicants who meet
the U.S. Nexus Requirement (discussed below).
U.S. Nexus Requirement
Registrants in the .US domain must qualify under
one of the following three categories:
1. The registrant must be a
natural person (i) who is a United States citizen,
(ii) who is a permanent resident of the U.S.
or any of its possessions or territories, or
(iii) whose primary place of domicile is in
the U.S. or any of its possessions or territories;
2. The registrant must be a
U.S. entity or organization that is (i) incorporated
within one of the 50 states, D.C., or U.S. possessions
or territories, or (ii) organized or otherwise
constituted under the laws of a state of the
U.S. (including a federal, state, or local government
of the U.S.); or
3. The registrant must be a
foreign entity or organization that has a bona
fide presence in the U.S. or any of its possessions
or territories. This requirement is intended
to ensure that only those individuals or organizations
that have a substantive lawful connection to
the U.S. are permitted to register for .US domain
names.
Dispute Resolution
The American Arbitration Association (AAA) will
provide dispute resolution services for .US domain
name disputes. Disputes will be decided under
a special set of rules incorporating the Rules
of Uniform Domain Name Dispute Resolution Policy
(UDRP) adopted by the Department of Commerce.
US Accredited Registrars
Sunrise applications are being accepted by a number
of accredited registrars, including AllDomains.com,
Inc., DomainBank, Inc., DirectNIC.com, and others.
This
Intellectual Property Newsletter is a periodic
publication intended to provide information
of general interest in a summary manner
and should not be construed as individual
legal advice. If you have any questions,
please contact:
CHRISTINE Q. MCLEOD
BEUSSE BROWNLEE BOWDOIN & WOLTER, P.A.
390 N. ORANGE AVENUE, SUITE 2500
ORLANDO, FLORIDA 32801
407-926-7723
FAX: 407-926-7720
cqm@patentorlando.com |
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