Common Law Trademark
An accepted trademark that has not been registered with the US Patent and Trademark Office (in the United States) or, in the case of other countries, with the appropriate authority for that country, but is recognized anyway because of usage (http://www.inta.org/basics/index.shtml).

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Cookie
A cookie is a small text file sent to your computer's hard drive by a web site's server. Each time you return to the site that "set" the cookie, the server retrieves its cookie from your computer and thereby knows that you are a previous visitor who has returned. NeuLevel uses cookies to save certain information, such as login name and password, so you don't have to re-enter it each time you visit our site. Cookies cannot be used to view or retrieve data off your hard drive, or to collect any personal information about you or your hard drive's contents. For additional information, please see our Privacy Statement.

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Country Code Top-Level Domain (ccTLD)
A top-level domain containing a 2-character abbreviation as defined by ISO 3166-1 (Codes for the Representation of Names of Countries and Their Subdivisions). As of November 1999 there were 243 country code top-level domains (ccTLDs) registered. Some examples are .us for the United States, .ca for Canada, and .jp for Japan.



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Dispute-Resolution Service Provider
Dispute-resolution service providers are ICANN-approved organizations that trademark owners submit complaints to in order to invoke the UDRP, RDRP, or STOP. It is intended that the four current providers of dispute-resolution services for UDRP will also be providing dispute-resolution services for the RDRP and STOP. These providers are:

• CPR Institute for Dispute Resolution (CPR): Approved effective 22 May 2000.
  
• eResolution (eRes): Approved effective 1 January 2000.
  
• The National Arbitration Forum (NAF): Approved effective 23 December 1999.
  
• World Intellectual Property Organization (WIPO): Approved effective 1 December 1999.

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DNS
Domain Name System



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Domain Name
An addressing construct used for identifying and locating computers on the Internet. Domain names provide a system of easy-to-remember Internet addresses, which can be translated by the Domain Name System (DNS) into the numeric addresses (Internet Protocol numbers) used by the network. A domain name is hierarchical and often conveys information about the type of entity using the domain name. A domain name is simply a label that represents a domain, which is a subset of the total domain name space. Domain names at the same level of the hierarchy must be unique. Thus, for example, there can be only one ".BIZ" at the top-level of the hierarchy, and only one "neulevel.biz" at the second level of the hierarchy.



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Domain Name Application Service
The Domain Name Application period provides companies with the opportunity to submit domain name requests prior to the actual launch of the Registry. Companies submit applications for their desired domain names through Registrars, who then submit those applications to the Registry. Applicants that apply for domain names that are an exact match to an IP Claim will be notified by e-mail of the potential conflict. The notification will contain all of the information that an IP Claimant submitted to NeuLevel during the IP Claim Service, including the alleged IP owner, a description of goods and services for which the IP owner alleges use of the mark, as well as whether the mark has been registered or applied for. The applicant will then be given a URL to go to in order to indicate whether it would like to proceed with or cancel the application process. Applicants who do not respond by the deadline will not be included in the Domain Name Selection Service.



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Domain Name Selection Service
During the Domain Name Selection process, domain names will be selected from the list of qualified domain name applications. If there is only one application for a particular domain name, that application will be selected for registration. If there are multiple applications for the same .BIZ domain name, registrations will be selected using a random selection process that ensures equal treatment of domain name applications regardless of the applicant or the Registrar.

This selection process relies on the use of a well-known, industry-standard random number generator subroutine that is built into every Unix runtime library. The Registry will use the binary executable form of the source code as supplied by the equipment manufacturer (Sun Microsystems), which is available to the public.

In addition, NeuLevel will retain a third party audit firm to validate the overall Domain Name Selection process. This firm will review the documentation, audit the random number generator subroutine, conduct preliminary testing, and monitor the domain name application processing. They will issue an audit report substantiating the results.



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Domain Name System (DNS)
A distributed database of information that is used to translate domain names, which are easy for humans to remember and use, into Internet Protocol (IP) numbers, which are what computers need to find each other on the Internet. People working on computers around the globe maintain their specific portion of this database, and the data held in each portion of the database is made available to all computers and users on the Internet. The DNS comprises computers, data files, software and people working together.



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FAQ
Frequently Asked Question



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Generic Top-Level Domain (gTLD)
A top-level domain name that is open to registrants around the world in contrast to country code top-level domains that are often restricted to registrants located in a particular country or region. .BIZ is considered to be a generic top-level domain.



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gTLD
Generic Top-Level Domain



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Host
Also called a name server. A computer that has both the software and the data (zone files) needed to resolve domain names to Internet Protocol numbers.



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ICANN
Internet Corporation for Assigned Names and Numbers



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IP Claimant Notification
After the Registry goes live, IP Claimants will be notified by e-mail with the contact information for the registrant that successfully registered a domain name for which they submitted an IP Claim. Claimants will also be notified if no one registered the domain name that matched their IP Claim. This 30-day period is intended to provide parties the opportunity to resolve domain name disputes. In addition, if there are multiple claimants for a specific domain name, this notification will contain the randomized priority list in which an IP Claimant can take advantage of the STOP proceedings.



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Intellectual Property (IP) Claim Service
The IP Claim Service is designed to help intellectual property (IP) holders protect their valuable IP rights against potential infringement during the launch of the NeuLevel Registry for .BIZ.

Claimants using the IP Claim Service get the following benefits:

Notification
Filing an IP Claim notifies a domain name applicant of an IP Claimants’ alleged IP rights in a trademark or service mark. This notification warns the applicant that an IP holder believes it has rights to the domain name for which the applicant is applying. The notification process protects both the Claimant(s) and applicant by reducing the risk of a business or individual unknowingly infringing on another’s IP rights.

If a company or individual submits a domain name application that is an exact match with an IP Claim, it will be notified of the potential conflict and given the Claimants’ information, including: the name of the business that submitted the IP Claim, a description of the goods/services, the date of first use in commerce, and the contact information for the person to receive legal correspondence. The applicant must inform NeuLevel of their decision to either proceed or cancel the application.

If the applicant decides to proceed with the application process and is awarded the domain name during the Domain Name Selection, the IP Claimant is notified of the selected domain name Registrant. The Claimant is given all of the Whois data for the domain name Registrant. This provides an opportunity for the Claimant and the Registrant to work out domain name disputes prior to the Registry going live.

Standing in the Start-up Trademark Opposition Policy (STOP)
Only those IP holders who submitted IP Claims during Step 1 have the opportunity to use the streamlined .BIZ Start-up Trademark Opposition Policy (STOP). STOP carries a lower burden of proof than UDRP and puts Claimants first-in-line for resolution should a domain name dispute arise.

Cooling-Off Period
As part of Domain Name Selection, an automatic 30-day hold is put on any domain name registration with an IP Claim against it. This provides Claimants with an opportunity to use STOP, or take other appropriate action, to protect their IP rights.

STOP vs. UDRP
STOP makes it easier for IP holders to demonstrate a “bad faith” domain name registration. Under the UDRP, IP holders must demonstrate that a domain name was both registered and used in bad faith. In response to concerns expressed by the intellectual property community, with STOP, IP holders need only demonstrate that the domain name was either registered in bad faith or used in bad faith. In addition, registering a domain name for the sole purpose of selling it to a third party constitutes a violation of STOP.

NOTE: Entering a name into the IP Claim database is not an application for the name itself and does not automatically create a domain name application. Users of the IP Claim Service must also submit a separate application if they want an opportunity to register the domain name.



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Intellectual Property (IP) Mark
An IP mark is a trademark or service mark, whether registered, applied for, or common law. This mark will be identified on the IP Claim form and reproduced to form the IP string. For example, the IP mark "Your Company Name" would be reproduced to form the IP string "yourcompanyname.biz".



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Intellectual Property (IP) String
An IP string is the exact match for the IP mark (minus any illegal characters) with the .BIZ top-level domain name added to the end. For example, the IP mark "Your Company Name" would be reproduced to form the IP string "yourcompanyname.BIZ".



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Internet Corporation for Assigned Names and Numbers (ICANN)
The Internet Corporation for Assigned Names and Numbers is an international non-profit corporation formed to oversee a select range of Internet management functions. ICANN's responsibilities include coordination of the domain name system, Internet Protocol address space allocation, protocol parameter assignment coordination, and root server system management. ICANN is also the organization that granted NeuLevel the Registry rights to .BIZ domain names. To find out more, please visit ICANN's web site at http://www.icann.org.



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Name Server
Also called a host. A computer that has both the software and the data (zone files) needed to resolve domain names to Internet Protocol numbers.



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Qualified Domain Name Application
A domain name application qualifies for the Domain Name Selection process if it:

1. matched an IP Claim, but the applicant indicated to the Registry that it wished to proceed with the selection process; or
2. did not match any of the Claims in the IP Claim database.

®
The ® (commonly pronounced R-in-a-circle or Circle-R), as well as the legend "Registered in the US Patent and Trademark Office" or its abbreviation "Reg. US Pat. & Tm. Off." are warning notices to advice the public that the mark is federally registered and their use provides legal benefits. This notice can be used only with registered marks. Use of a ® with any unregistered trademark may result in claims of fraud.



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RDRP
Restrictions Dispute- Resolution Policy



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Registrant
The Registrant is the individual or organization that registers a specific domain name through an ICANN-accredited Registrar. This individual or organization is the entity bound by the terms of a domain name registration agreement with the ICANN-accredited Registrar.



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Registrar
A Registrar is an entity that registers domain names with the Registry on behalf of Registrants. It is the business that interacts with customers, processes registration orders, and places registration information into the Registry. In addition, it is the entity that acts as an interface between domain name holders and a Registry, collecting registration data about the domain name holders for entry in the Registry.



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Registration
This is the process through which an individual or organization obtains a domain name through an ICANN-accredited Registrar. Registration of a domain name enables the individual or organization to use that particular domain name for a specified period of time, provided certain conditions are met and payment for services is made.



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Registry
The Registry is responsible for delegating Internet addresses such as domain names, and keeping a record of those addresses and the information associated with their individual top-level domains. Examples of domain name registries include NeuLevel (.BIZ) and the ISO 3166 country code registries (e.g., .fr, .de, .uk, .us).



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Restrictions Dispute-Resolution Policy (RDRP)
All domain name Registrants are bound by the Restrictions Dispute-Resolution Policy. This policy may be invoked by a third party in order to resolve a dispute with a Registrant over the registration or use of the Registrant's domain name in violation of the .BIZ domain name registration restrictions. Such a violation would include complaints that the domain name is not being, or will not be, used primarily for a bona fide business or commercial purpose.



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Root
The top of the Domain Name System (DNS) hierarchy. Often referred to as the "dot".



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Second Level Domain
In the Domain Name System (DNS), second level domains are the next lower level of the hierarchy underneath the top-level domains. In a domain name, it is that portion of the domain name that appears immediately to the left of the top-level domain. For example, the "neulevel" in "neulevel.biz". Second level domain names are often descriptive and have come to be used increasingly to represent businesses and other commercial concerns on the Internet.



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Service Mark (SM)
A service mark (Harrods) is similar to a trademark, but it is used in the sale or advertising of services to identify and distinguish the services of one company from those of others (http://www.inta.org/basics/index.shtml).



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Shared Registration System
The Shared Registration System (SRS) developed by the NeuLevel Registry for .BIZ, gives Registrars the ability to add, modify, and delete information associated with domain names, name server, contacts, and registrar profile information. The service is available to NeuLevel-approved ICANN-accredited .BIZ Registrars via an Internet connection.



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SM
An SM represents an unregistered service mark. It is also an informal notification that there is a public claim as a service mark.



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SRS
Shared Registration System (SRS)



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STOP
Start-up Trademark Opposition Policy



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Start-up Trademark Opposition Policy (STOP)
The Start-up Trademark Opposition Policy is used to resolve disputes between Registrants and IP Claimants over the registration or use of a domain name that is subject to the IP Claim Service. STOP is exclusive to the .BIZ top-level domain and may only be used by those IP holders that submitted an IP Claim. All other IP holders must use the UDRP to resolve their disputes. Grounds for complaints based on STOP are that:

1. the domain name(s) is/are identical to a trademark or service mark in which the Registrant has rights;
2. the third party is considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and
3. the domain name(s) is considered as having been registered or used in bad faith.

For the complete STOP, please see Start-up Trademark Opposition Policy.



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™
A ™ represents an unregistered trademark. It is an informal notification that there is a public claim as a trademark.



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Third Level Domain
In the Domain Name System (DNS), third level domains are the next highest level of the hierarchy underneath the second level domains. In a domain name, it is that portion of the domain name that appears two segments to the left of the top-level domain. For example, the "sterling" in "sterling.va.us". Third level domains are not the portion of an e-mail address that appears in front of the @ symbol-for example, the web master in webmaster@neulevel.biz is not a third level domain.



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TLD
Top-Level Domain



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TLD Zone Files
Files that contain data describing a portion of the domain name space for specific top-level domains. Zone files contain the information needed to resolve domain names to Internet Protocol (IP) numbers. They also contain domain names, their associated name server names and the IP addresses for those name servers. The NeuLevel Registry for .BIZ updates TLD zone files for the .BIZ top-level domain once every 15 minutes.



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Top-Level Domain (TLD)
In the Domain Name System (DNS), the top-level domain is the highest level of the hierarchy after the root. In a domain name, that portion of the domain name that appears furthest to the right. For example, the "biz" in "neulevel.biz".



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Trademark (™ or ®)
A trademark is any word (Poison), name (Giorgio Armani), symbol (a logo), device (the Pillsbury Doughboy), slogan (Got Milk?), package design (Coca-Cola bottle) or combination of these, i.e. a mark that identifies and distinguishes a specific product from others in the market place, i.e. in trade. Even a sound (NBC chimes) or color combination can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark (http://www.inta.org/basics/index.shtml).



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UDRP
Uniform Dispute-Resolution Policy



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Uniform Dispute-Resolution Policy (UDRP)
The provisions of the Uniform Dispute-Resolution Policy bind all Registrants in the .BIZ top-level domain. According to ICANN, under the UDRP, most types of trademark-based domain name disputes must be resolved by agreement, court action, or arbitration before a Registrar will cancel, suspend, or transfer a domain name. Disputes that arise from abusive registrations of domain names (e.g., cybersquatting) can be addressed by expedited administrative proceedings that the trademark holder initiates by filing a complaint with an approved dispute-resolution service provider. To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain name holder (or where appropriate an in-rem action concerning the domain name), or (b) in cases of abusive registration, submit a complaint to an approved dispute-resolution service provider.

The following documents provide relevant details:

1. Uniform Dispute-Resolution Policy – This policy is followed by all ICANN-accredited Registrars. It can be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm.
2. Rules for Uniform Dispute-Resolution Policy – These rules are followed by all dispute-resolution service providers, with supplementation by each provider’s supplemental rules. This can be found at http://www.icann.org/udrp/udrp-rules-24oct99.htm.
3. List of approved dispute-resolution service providers – This list can be found at http://www.icann.org/udrp/approved-providers.htm.

• http://www.neulevel.biz
• ftp://ftp.server.here/ftp.file