[Tmch-iag] N3 comment

[Philip Sheppard]

While I agree with Tom's suggestion about a Sunrise challenge based on bad faith use, a better approach may be two step.
1. Define ELIGIBLE trademarks by a set of Sunrise Eligibility Requirements (use being one of them).(This set is also used in accepting registrations).
2. List Sunrise dispute challenges by reference to Eligibility (so capturing more than the use requirement).
This way the dispute procedure grounds are a more precise set.
I would also add a catch all to capture bad faith. Thus one model could be as below:

The policy will allow challenges based on the following grounds: 

(a) at the time the challenged domain name was registered, the domain name REGISTRANT did not hold an ELIGIBLE trademark; 

(b) the trademark registration on which the domain name REGISTRANT based its Sunrise registration is not ELIGIBLE; 

(c) the domain name is not identical to the trademark on which the domain name REGISTRANT based its Sunrise registration; 

(d) the REGISTRATION REQUEST which led to the award of the domain name was in some way incorrect, misleading or fraudulent.  

Philip
Sedari
    

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