Is it legal for a registrar to let individuals reg names before release?

[ftaylor]

I live in Scotland, and we are due to apply for the .Scot TLD this year. There is a small company called scotNom LTD - www.dotScot.com that wants to apply to be a .scot registrar.

The worrying thing about this is on this page:

http://dotscot.com/support/sponsorships

They appear to be offering people the chance to register domain names before they are released to the general public if they pay to be sponsors.

Is this legal?

Thanks,

Finbarr

[draggar]

I don't think they'll be able to get the names before ICANN allows it, so if they aren't quick enough to get the names that people want then they might be facing a lawsuit from the other end.

[ecomindia]

yes, definitely rthis is legal and is called "Sunrise Period" when users can apply for a domain name and if 2 or more people have applied for a domain name, it is gone for auction and the highest bidder wins.

This has been a tradition and is common in the industry

But , but ...

Paying for a sponsor and getting assurity of the domain names is not legal anyhow by any of the governing body..

[ftaylor]

Yes, but the sunrise period is for trademarks and products is it not? It is also costly and involves an application which must be approved.

Yes, the sunrise period allows those who feel they have the rights to a name to apply for it (at a cost).

The landrush period is the day that the domain registrations are made live. (EG 17th July 08, .ME domain names).

My question is this:

It is illegal for a domain registrar to allow people to register domain names before the .tld becomes live for registration? (excluding the sunrise applications)

[ecomindia]

applying is ok, registering and assuring a domain is not . Not at all

This is as per the cctlds released which i know.

Might be, this is an exceptional.

[ftaylor]

Yes of course, many companies will allow users to pre-order domain names, and where 2 or more have preordered the same name (and in the event that said company manages to register the domain name before all the other registrars) then it may go to an auction. However, it is NOT legal for a company to allow users to physically register a domain name prior to the landrush period. Is it?

[draggar]

However, it is NOT legal for a company to allow users to physically register a domain name prior to the landrush period. Is it?

I don't think ICANN would allow it and if the ccTLD isn't active yet for that kind of registration then they cannot do it.

They can offer a "reservation" where they can TRY to register the domain but if it goes to auction or gets registered before them then they're SOL and guilty of false advertisement.

[ftaylor]

On further investigation, all of the sponsors on dotScot.com appear to be fake anyway. I'm no longer concerned.

Thanks for your input draggar, ecomindia.

[Flexi Web Host]

I don't think ICANN would allow it and if the ccTLD isn't active yet for that kind of registration then they cannot do it.

Remember ccTLD's are not obliged to follow the full ICANN rules. Hence how people have lost short domains because of ccTLD's moving the goal post when after a year of the domains being regged they realise they are valuable.

[jberryhill]

If you pay me $100 today, I promise that I will make best efforts to get you a ticket to the opening ceremony of the 2024 Olympic Games.

Can I make that contract with you?

Yes.

[BAT]

If you have aditional $US100,000 you can apply to can create any free cctld.

I know what they do if they win it . They just reserve all the best names and sell it aftermarket and for you let register only simple domains

Its all the time width all new cctld.

[Kapila Saini]

Hi everybody,

I am Kapila from India.

Can you please tell me if my registered domain is denied from GoDaddy Premium Domain Listing Approval because of infringement of a trademark what steps can i take so that my efforts don't go to waste? Can i get either rename the registered domain or for refund?

I would be very grateful to you if you would help me in this regard.


Cheers!

[Kapila Saini]

Hey Guys,

Reply to my earlier query please!

Thanks.

[Gerry]

It is illegal for a domain registrar to allow people to register domain names before the .tld becomes live for registration? (excluding the sunrise applications)

Sure, you can apply for a name. As well as 10,000 others can apply for the same name.

Iam.scot

Why not? Send me your money and I'll see if I can get the name for you.

I am not sure there are any "laws" regulating this. Whether you are a registrar or not.

This was done in the .eu offering which was a horrendous mess. GoDaddy and many others were taking fees for applying for a domain name. They had no idea that the .eu registry had been set up. There was no interaction between GD and EUrid. Names applied for and money paid to GD for names that had already been awarded but the EUrid.

That is why I say send me your money and I'll try to get the domain for you. Afterall, that is what happened to GD and hundreds more.

I would be absolutely hesitant to pre-pay anyone anything after that debacle.

And this looks to be set up purely for the benefit of this one site to become the registrar and to "sponsor us".

The only thing that should prevail in this is common sense.

[Dale Hubbard]

They're just trying to raise the $185k ICANN fee. They're not offerering pre-reg domains. They don't even know if they'll be successful. What they are doing is very sharp practice and if the Scottish legal people see that there could be some trouble. It's a public offering in disguise, with the difference being you get nothing for your money. Look at the current sponsor list. Hardly a 'who's who' in the industry.