Sunrise Question #3 The Working Group recommends that public comment be sought on questions #3a-d from Registry Operators. The Working Group asks Registry Operators to be specific about which program(s) (i.e., ALP[1], QLP[2], and/or LRP[3]) they are referring in their responses to all questions and what the shortcomings of each of those mechanisms are. These questions are related to Sunrise Question #4. 3a-1. If you did not attempt an ALP, QLP, or LRP, was the reason for not taking advantage of those programs related to how they integrate with Sunrise? 3a-2. Were you able to achieve your goals in a different way (such as by combining any or all of these programs)? 3b-1. If you did attempt an ALP, QLP, or LRP (or combination) but didn’t successfully use any, was the reason you did not take advantage of those programs related to how they integrate with Sunrise? 3b-2. Were you able to achieve your goals in a different way? For instance, some Registry Operators may have used the QLP 100 (Section 3.2 of Registry Agreement Specification 5[4]) (plus IDN variants) in combination with registry-reserved names to obtain the names they needed. Did you do this? 3b-3. If so, were you able to reserve or allocate all the names you needed to? 3c-1. If you used an ALP, QLP, or LRP (or combination), did you experience any unanticipated trouble with integrating the Sunrise Period into your launch? 3c-2. Specifically, were you able to allocate all of the names you needed to allocate under those programs before the Sunrise Period? 3d-1. For each issue you have identified in your responses to questions #3a-c, please also include a suggested mitigation path. What do you suggest the RPM Working Group consider to help alleviate the pain points and make those programs more useful and functional, while still respecting the trademark protection goals of the Sunrise Period? 3d-2. How important is it to make changes to these programs before another round of new gTLDs (that is, are these issues worth “holding up” another round for, or are the work-arounds tolerable)? The Working Group also recommends that public comment be sought on question #3e from non-Registry Operators: 3e. Did you experience struggles with the way ALP, QLP, or LRPs (or a combination) integrated with Sunrise, either as registrar, as a brand owner, or as a domain name registrant? |
Context:
The Working Group has received limited feedback that the rules for ALP and QLP do not integrate smoothly with the concept of Sunrise.
For instance, some GEO TLDs struggled to ensure that words needed for operation of their TLD (i.e. required by the governments that approved them) were all able to be allocated or reserved for later registration before Sunrise. These words may have been recorded in the TMCH, but needed to be reserved to the governments (one example is “police” which is both a word for local law enforcement and a brand).
Notably, many Registry Operators did not use the ALP or QLP options and only a few used LRPs.
In order to evaluate the effectiveness of ALP, QLP, and LRP, as well as develop potential recommendations related to them, the Working Group seeks guidance especially from Registry Operators.
[1] Approved Launch Program (ALP): Registry Operator MAY, prior to the start date of its Sunrise Period, apply to ICANN for approval to conduct a registration program not otherwise permitted by these TMCH Requirements. Such a registration program application could, for example, provide for authorization to implement programs set forth in Registry Operator’s application for the TLD, which, if set forth in reasonable detail in the application for the TLD, will carry a presumption of being approved, unless ICANN reasonably determines that such requested registration program could contribute to consumer confusion or the infringement of intellectual property rights. To learn more, see Section 4.5.2 of the Trademark Clearinghouse Rights Protection Mechanism Requirements.
[2] Qualified Launch Program (QLP): Registry Operator MAY, through an ICANN-accredited registrar, Allocate or register one hundred (100) domain names (plus their IDN variants, where applicable) to third parties prior to or during the Sunrise Period for the purpose of promoting the TLD. Registry Operator MUST NOT Allocate or register such one hundred (100) domain names (plus their IDN variants, where applicable) to third parties prior to the Allocation and registration of all Sunrise Registrations. To learn more, see Qualified Launch Program Addendum.
[3] Limited Registration Period (LRP): In the New gTLD Program, any registration period in which a Registry Operator (RO) imposes registration restrictions beyond the restrictions imposed by the gTLD’s general registration policy is called a Limited Registration Period (LRP). ROs can offer an LRP between the end of the Sunrise Period and the start of general registration. If an RO offers an LRP, all registrations during the LRP must be subject to the Claims Service in the same manner as registrations registered or allocated during the Trademark Claims Period.
[4] Section 3.2 of Registry Agreement Specification 5: Registry Operator may activate in the DNS at All Levels up to one hundred (100) names (plus their IDN variants, where applicable) necessary for the operation or the promotion of the TLD. To learn more, see Registry Agreement (page 73).
