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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