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DOMAIN NAME A PUBLICATION OF THE TECHNOLOGY GROUP OF DORSEY & WHITNEY LLP ALERT Professionals Can Go Pro with .pro

On December 10, 2003, the .pro domain will be opened for live registrations. As a follow-up to our previous notice and overview regarding this latest top-level domain name (TLD) that will be added to the ’s (DNS), we have prepared a brief summary of the .pro domain name and the procedures for obtaining a .pro domain name registration. What is .pro? .pro is the only top-level domain name reserved exclusively for certified professionals and professional companies and associations in the legal, medical and accounting fields. The .pro registry, RegistryPro, Inc. (“RegistryPro”) whose address is http://www.registrypro.com, will be the first to bundle a digital certificate with every domain name. Accordingly, domain names with a .pro extension will have two components - a standard web address and a professional level digital certificate (a “ProCert”) that facilitates secure online communications and transactions. Prior to the issuance of a .pro domain name and digital certificate, a validation process will be used to cross-verify each registrant’s self- certified identity and professional information. Initially, .pro domain names will be offered to only three professions. Each .pro domain name will have a major profession-specific sub-domain as follows: .law.pro, .cpa.pro and .med.pro. In the future, however, RegistryPro intends to offer variations of these sub-domains to account for regional and international differences (e.g., .avocat.pro in France, .recht.pro in Germany), as well as additional profession-specific domains (e.g., .nurse.pro for registered nurses) in the .pro space. Why Consider a .pro Domain Name? The .pro TLD is developed for professional individuals and organizations desiring to both establish a distinct online presence and conduct business over the Internet. Obviously, professional online communications and transactions must be secure. The professional digital certificates elemental to every .pro domain name will assist professionals, who face heightened security and privacy obligations, in providing information and services over the Internet. A digital certificate helps protect information and documents transferred over the Internet by providing (1) authentication of source and identity; (2) enhanced confidentiality and privacy; (3) content integrity; and (4) non-repudiation, or proof a document or communication was sent. The versatile uses of a digital

www.dorsey.com 1 December 4, 2003 certificate present many possible applications for professionals who conduct business over the Internet, and also need to comply with ethical standards and recently-passed privacy laws such as the Health Insurance Portability and Accountability Act of 1996 (HIPPA), the Gramm-Leach-Bliley Act, and the Sarbanes-Oxley Act. Thus, the .pro domain is designed to provide professionals with an online security solution that will enable confidential communications and transactions in the provision of their services to others. Who is eligible to register a .pro domain name? The .pro domain is only available to professionals holding valid medical, legal and accounting licenses in the United States. Compliance with the .pro eligibility criteria requires the registrant of a .pro domain name be either: (a) An individual with a current and valid license, as (i) an accountant; (ii) a doctor; or (iii) a lawyer, from an appropriate governing body; or (b) An entity or organization that provides legal, medical or accountancy services, and that has employees who meet the requirements of (a) above and register on behalf of the entity or organization. These requirements for eligibility are continuing and must be satisfied throughout the period of time when the particular .pro domain name is registered. Moreover, a registrant’s eligibility for .pro domain name registration will be re-verified at least annually. How does .pro work? During this operational phase of the .pro TLD, domain names will be allocated to licensed professionals on a first-come, first-served basis. Applicants must request a .pro domain name in one of the profession-specific domains, e.g., perrymason.law.pro, trapperjohn.med.pro or pricewaterhouse.cpa.pro. As a condition to registration, applicants will be asked to self-certify their professional status and demonstrate that they meet the .pro eligibility requirements by providing identity and licensure information. The self-certified information is then reviewed and cross-referenced against appropriate licensing or accreditation databases. Upon verification of eligibility, each registrant receives a .pro domain name and an associated digital certificate that will enable enhanced security through features such as encrypted e-mail and digital signatures. Given this two-step validation process for authenticating and verifying applicant data, .pro registrations are not real- time registrations. A .pro registration must be in effect for at least one year, and may be effective for as many as ten years. Registrations are renewable. The fees for .pro domain name registrations vary by registrar, ranging from $224 to over $300 per year. What about professionals outside the U.S.? When the live registration period begins, .pro domain name registrations will only be available to professionals of the medical, legal and accounting fields licensed in the United States. However, in

www.dorsey.com 2 December 4, 2003 addition to accepting live registrations, RegistryPro will also begin allowing .ProReserve registrations. .ProReserve allows professional individuals and entities located outside the United States to reserve a .pro domain name for use when the .pro domain space becomes available in their country. The .ProReserve product is available to individuals and entities located in any jurisdiction. These registrations will not resolve on the .pro domain . Can a .pro registration be challenged? A .pro registrant’s professional qualifications and eligibility to register a .pro domain name may be challenged under RegistryPro’s Qualification Challenge Policy. .pro registrations can be challenged on either of two grounds: (i) the registrant was ineligible for a .pro domain name at the time of the registration; or (ii) since registration, the registrant has violated the .pro eligibility restrictions. To raise a complaint under the policy, you must submit a complaint to an approved dispute-resolution service provider. In addition, a .pro domain name registration can be challenged on the ground that the registration violates the Uniform Domain Name Dispute Resolution Policy (“UDRP”). Under the UDRP, a registration can be challenged if: (i) the domain name registration is identical or confusingly similar to a or service mark in which the challenger has rights; (ii) the owner of a .pro registration has no rights or legitimate interests in respect of the domain name; and (iii) the domain name registration is being used in bad faith. *** Dorsey and Whitney’s trademark group would be pleased to assist you in submitting .pro domain name applications. Please contact any of the Dorsey & Whitney attorneys listed below for further information:

Contact Us . . .

Katina Banks, Denver Ian Craig, London Michael Kroll, Minneapolis [email protected] [email protected] [email protected] (303) 352-1137 +44 (20) 7826 4525 (612) 340-8838

Sandra Edelman, New York Dana Brody-Brown, Palo Alto Gary Duvall, Seattle [email protected] [email protected] [email protected] (212) 415-9269 (650) 565-2237 (206) 903-8700

Lisa Osman, Denver Travis Bachman, Minneapolis Eric Priest, Minneapolis [email protected] [email protected] [email protected] (303) 260-6355 (612) 340-2656 (612) 492-6852

Steven Fang, New York Frank Hiscox, Palo Alto Jason Rhodes, Seattle [email protected] [email protected] [email protected] (212) 735-0772 (650) 565-2229 (206) 903-8839

Brian Laurenzo, Des Moines Elizabeth Buckingham, Minneapolis Lile Deinard, New York [email protected] [email protected] [email protected] (515) 283-1000 (612) 343-2178 (212) 735-0778

Sarah Robertson, New York John Livingstone, Palo Alto [email protected] [email protected] (212) 735-0788 (650) 494-8700

www.dorsey.com 3 December 4, 2003