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[registrars] Proposed Domain Name Dispute Policy

To all Testbed and Post-Testbed Registrars:

Attached please find a draft Domain Name Dispute Policy that was prepared by 
our counsel, Skadden, Arps, Slate, Meagher & Flom.  The draft is based upon 
Annex IV to the Final Report on the WIPO Domain Name Process, but is written 
in an informal style intended to be more accessible to the average consumer.  
In particular, the attached draft policy incorporates WIPO's concepts 
regarding arbitration for the narrow category of disputes relating to abusive 
registration and the limited remedies available through the arbitration 
process.  This draft policy does not include WIPO's suggestions regarding 
exclusions of "famous marks."  Since the use of "famous mark" exclusions is 
still a hotly contested issue, we believe that WIPO's proposal should not be 
adopted until there is a broader consensus on this issue.  

As you know, ICANN has passed a resolution that there should be a unified 
domain name dispute policy.  We are therefore soliciting comments on this 
draft from the other accredited registrars.  In order to complete this policy 
for use by the testbed registrars as soon as possible, we are asking that all 
comments be provided to us no later than Friday, June 25.  We are also asking 
that each registrar submit no more than one set of comments, to streamline 
the process.  All comments should be sent to RRODIN@SKADDEN.COM and 
SLEVI@SKADDEN.COM.  Skadden will then circulate a revised policy 
incorporating comments received from the other registrars, and identifying 
any points not incorporated and the reason for not including them (e.g., in 
the event of disagreement among registrars).

Please note that AOL and register.com have paid for the creation of this 
draft policy without any contribution from any other registrar.  Since we are 
opening up this work product to solicit your feedback with the goal of 
developing a policy that will be acceptable to and uniformly adopted by all 
of the registrars, we are asking that all participating registrars contribute 
to the work Skadden will undertake going forward to review and incorporate 
your respective comments.  We are asking that each registrar who submits 
comments or who expects to adopt the policy that is being created, contribute 
$1,000 towards this effort.  Payments should be payable to America Online, 
Inc. and sent to Jim Bramson, America Online, Inc., 22000 AOL Way, Dulles, VA 
20166.  Once the project is completed, if the registrars have collectively 
contributed more than necessary to cover Skadden's bills, we will provide pro 
rata reimbursements, or at the contributors' request, donate the excess funds 
to the Registrar Constituency.

Please contact us with any questions you may have.  Thank you for your 

Jim Bramson (AOL)
Rich Forman (register.com)