The Sunrise Challenge process is being used for dispute resolution regarding domains registered during the Sunrise Period. Now that the Sunrise Challenge period is over, parties wishing to initiate a challenge to the validity of a Sunrise domain must utilize ICANN's Universal Domain Dispute Resolution Policy (UDRP) or a court system.
Sunrise Period Dispute Resolution Overview
The Sunrise Challenge period commenced on August 28, 2001 at 12 noon, Geneva time. The deadline for the public to file challenges with WIPO was 23:59 on December 26, 2001. Sunrise dispute resolution services are provided exclusively by the World Intellectual Property Organization (WIPO).
THE DEADLINE FOR FILING A SUNRISE CHALLENGE WITH WIPO WAS 23:59 UTC ON DECEMBER 26, 2001. Afilias has reserved the right to mount additional challenges to Sunrise names after December 26, 2001, as per the Sunrise rules.
The challenger will submit its challenge request to WIPO. WIPO has made guidelines, forms, and lists of cases available on its site.
For additional information, please refer to the WIPO site and to the following documents:
- The Sunrise Registration Challenge Policy (original and revised) sets forth the terms and conditions in connection with a dispute.
- The Rules for Sunrise Registration Challenge (original and revised) sets the rules that will be used in Sunrise Challenge administrative proceedings. It explains the grounds on which a challenge can be made, how to file and respond to a challenge, notices, fees, and so on.
The only bases for a valid challenge to a Sunrise registration are if:
- At the time of registration of the domain name, no current trademark or service mark registration was issued in the registrant's name,
- The domain name registered is not identical to the textual or word elements of the trademark or service mark that is registered, or
- The registration of the trademark or service mark registered is not of national effect or was not issued prior to October 2, 2000.