Re: [registrars] Neulevel (.biz) concerns.

[Larry Erlich <erlich@domainregistry.com>]

Rob Hall wrote:
> 
> We have just received the documentation from the planned .biz rollout
> starting May 14th.  The information we have to do date greatly concerns me.

May 14th is to soon. 45 days is to short.

Contracts and other details have not even been finalized. 

Note that while the Neulevel FAQ says: 

"IP Claim Database will open 
to new entries approx. 60 days after the ICANN registry agreement 
has been signed and will remain open for approximately 45 days" 

...the Referral Partner Program FAQ mailed to
registrars says: 

"The first phase of the .biz registry launch - the 
Intellectual Property (IP) Claim Servics-- is from May 14 to July 9th". 

Additionally, if it IS "60 days after" does that mean 60 days 
after DOC approves, or just ICANN approves? 

Perhaps we could get some clarification on the
real dates for this process.

Additionally, I would like to know how Neulevel plans to 
notify the trademark holders of the IP claims service and process. 

Are they just going to assume that every single IP lawyer 
in the world is automatically up to date on this process, 
will inform their clients, and that the clients will 
take the appropriate action during the window? Are they
going to take out full page ads in newspapers and legal
publications to inform the world? (No.)
 
How will this protect, for example, the small manufacturer in Kansas
with a trademark (common law or otherwise as Neulevel
claims to protect)? 

There seems to be an assumption that this is going to
protect trademark owners. It seems that it will
benefit and protect trademark owners that are large enough
to have attorneys following or involved in this whole
process. 

The $90 fee and commission is absurd. I haven't
been able to figure out the cost justification for Neulevel charging
claimants $90 and paying a scan 10% commission to the 
(as you mentioned) "referral partners." (The commission goes
up to 20% of you can supply Neulevel with over 500 "claims"
or 30% for over 1000 claims.) 

The document that Neulevel sent out (an email to partners)
says: "The IP Claim Service is designed to help businesses 
and individuals protect their trademarks, registered and common law, 
during the launch of the new .biz top-level domain."

But the FAQ on their website further says (with respect to validating
claims): "The Registry will not verify whether an IP claim
corresponds with an actual Trademark, provide legal oversight
or adjudication, or guarantee or represent that a Trademark owner
who submits an IP claim form will receive the domain name within
the .biz top level domain. " and also says: "The Registry will not
match or otherwise attempt to validate intellectual property
claims nor will verify the accuracy of an IP claim".

So they are getting $90 for running what
amounts to a database and sophisticated email autoresponder
notification system that will benefit Neulevel
and (see below) opportunistic email marketers.

I agree with what Rob stated below with respect to
appearing to want to deal directly with our
customers while additionally stating on the Neulevel FAQ:

"Registrars are encouraged to advise their customers
of its existence and to encourage their participation
in it." 

(By mass email, I guess, advising our customers
of the link to Neulevel's website so that we can collect 10%)

One last thought: Judging by the spam that we and our
customers receive for pre-registration
in the new TLD's, imagine the spam that will be sent out
by email marketers that sign up for the Neulevel referral
program.

Larry Erlich

http://www.DomainRegistry.com





> 
> For the first phase, it appears that we are being reduced to "referral
> partners" for the trademark claim submissions.  The way they are
> structuring this includes such things as
> 
> 1)  They want us to direct users to their website to fill in the trademark
> application for and the $90 payment.
> 2)  If we want an alternative to this, we must submit in batches of 100 (of
> course, we get a discount of 10% for our "profit").
> 3)  This submission process starts in 14 days, and there is no information
> on the communication protocols nor what information we require from our clients
> 4)  We must show the user on our invoice the $90 cost.  Should we add any
> fees on top of this, they must be shown as a "processing fee" on a separate
> invoice line item.
> 5)  They are offering these services to registrars whom are not ICANN
> accredited.
> 
> I don't know about the rest of you, but this seems to be flying in the face
> of a typical registrar-registry agreement.  Neulevel seems to be trying to
> deal directly with our clients whenever possible.  In addition, they have
> reduced us to a "referral partner" for at least the preliminary trademark
> submissions.
> 
> Does anyone have any other information on this ?  This registration process
> is supposed to start in 14 days.
> 
> Rob.
> 
> --
> Rob Hall                                voice  (613) 768-5100
> President                                  fax  (613) 820-0777
> Momentous.ca Corp.
> rob@momentous.ca                      www.momentous.ca
> 
> iti,s

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