Publication

Bulletin 01-20, New Schedules Announced for .Biz and .Info Domain Name Registration
Authors: Susan J. Kohlmann

7/6/2001
In May 2001, the Internet Corporation for Assigned Names and Numbers (ICANN) finalized negotiations with the registries of two new top-level domains, .biz and .info. See, Pillsbury Winthrop Bulletin No. 01-14, “ICANN Announces Launch of Two New Top-Level Domains,” May 25, 2001 available at http://www.pillsburywinthrop.com/topics/ sample.asp?id=1549205252001. In an effort to curb cybersquatting, both registries have offered programs to trademark and service mark users to help them protect their intellectual property rights.

In May 2001, the Internet Corporation for Assigned Names and Numbers (ICANN) finalized negotiations with the registries of two new top-level domains, .biz and .info. See, Pillsbury Winthrop Bulletin No. 01-14, "ICANN Announces Launch of Two New Top-Level Domains," May 25, 2001 available at http://www.pillsburywinthrop.com/topics/sample.asp?id=000058170444. In an effort to curb cybersquatting, both registries have offered programs to trademark and service mark users to help them protect their intellectual property rights. Since that time, both NeuLevel, the registry for .biz, and Afilias, the registry for .info, have made additions or changes to the scheduling of the introduction of the new top-level domains. NeuLevel has extended the time period in which trademark and service mark users may file "IP Claims" to protect intellectual property, and has provided detailed dates regarding the launch of the .biz domain. Afilias has provided a set schedule for the launch of .info domain names.

NeuLevel Extends IP Claim Service Filing Period

NeuLevel has extended the time period for registration in its "IP Claim Service," originally slated to end on or around July 9, 2001, until August 6, 2001. The IP Claim Service allows users of trademarks and service marks to file a claim (IP Claim) with NeuLevel or one of its accredited registrars, based on any use of a mark whether registered, unregistered, or based on common law rights. It is important to note that an IP Claim is not an application for, or a reservation of, a domain name. The IP Claim Service enables intellectual property owners to be notified that others may be attempting to infringe on their trademarks and service marks by registering a domain name identical to their mark. The trademark or service mark user must also complete a domain name application to acquire the domain name that matches its IP Claim.

Applications For .biz Accepted Beginning June 25, 2001

During the "Domain Name Application Service" period from June 25, 2001 until September 17, 2001 (Application Period), NeuLevel will accept applications for domain names with the .biz extension. If a domain name registered during the Application Period matches an IP Claim, the trademark or service mark user that filed the IP Claim will be notified of the matching application. The entity applying for the domain name (Applicant) will be notified of the possible intellectual property infringement, and must then confirm its intention to register the name. If an Applicant fails to confirm its intention to register a domain name for which there is a matching IP Claim by September 25, 2001, the application will be terminated. Domain names will be awarded from September 26 – September 30, 2001. If more than one application is received for the same domain name, a random lottery will determine the recipient of the name. NeuLevel expects the .biz top-level domain to go live on October 1, 2001 and will then accept applications for domain names from those that did not take part in the initial Application Period. The .biz domain is restricted to legitimate commercial use only.

Afilias Sets Dates For .Info Roll-Out

Beginning on July 25, 2001, Afilias will begin accepting "Sunrise Period" applications for .info domain names only from trademark and service mark users whose marks were registered nationally or with the European Community prior to October 2, 2000. Owners of state and local trademark registrations or registrations on a supplemental or equivalent register will be excluded from the Sunrise Period. The Sunrise Period will end on August 27, 2001, after which there will be a 15-day "quiet period" during which no applications will be processed. Commencing on August 28, 2001, the "Sunrise Challenge Period" will last for 120 days, during which anyone may challenge a domain name registered during the Sunrise Period. Although domain name registrations may be challenged at any time, there are cost advantages to taking part in the Sunrise Challenge Period. The World Intellectual Property Organization (WIPO) will exclusively handle Sunrise Challenge Period disputes at $295 per name in issue, rather than the standard WIPO fee of around $1,500. On September 12, 2001, open registration for non-registered trademark holders and the general public begins. Afilias expects that the .info domain will go live on September 19, 2001.

Early Action Required to Secure a .info Domain Name

Unlike NeuLevel’s random lottery, domain name selection during Afilias’ Sunrise Period will take place in several rounds. Each round will last approximately seven days, at the end of which Afilias will randomly award domain names from the applications received during that round. To have the best chance of obtaining a desired domain name, Applicants should file before August 1, 2001 in order to be in the first round of domain name applications processed. Domain names assigned at the end of each round will be unavailable to Applicants in each of the successive rounds. Processing of the first round of applications will take place on or about the eighth day (around August 1, 2001) of the Sunrise Period. At the end of the entire Sunrise Period, Applicants will be informed whether they were granted a domain name.

Two-Letter Domain Names Prohibited

ICANN has assigned each country its own two-letter top-level domain, such as .us for the United States and .au for Australia. In order to avoid confusion with these country codes, ICANN has prohibited both Afilias and NeuLevel from registering two-letter domain names. In the future the registries may be able to offer two-letter domain names, but they must first implement a system designed to eliminate conflict with country codes.

Applications for .info or .biz domain names are available from any ICANN-accredited registrar. For more information regarding the restriction on two-letter domain names, see Appendix K of the top-level domain agreements entered into by Afilias and NeuLevel, which are available at ICANN’s web site at www.icann.org. More information concerning to the .biz extension and the IP Claim Service can be found at www.neulevel.com. For information regarding the .info domain, visit Afilias’s web site at www.afilias.com.