analysis .bm - Bermuda - ccTLD (Country-Code Top-Level Domain)

[Eric Lyon]

Today, I was about to dive into the .bm ccTLD to analyze it and was stopped in my tracks when I read the legal section at the .bm registry.

4.10 The following circumstances, in particular, but without limitation, are deemed to be evidence of bad faith whether by registration or use of a Domain Name:

(i) where a domain name is identical or confusingly similar to a trademark or service mark, or another domain name (whether through a deliberate misspelling of a domain name or otherwise);
(ii) where a Registrant has intentionally attempted to attract, for commercial gain, Internet users to his web site or other on-line location, by creating a likelihood of confusion with an existing Intellectual Property and / or company, individual, or domain name as to the source, sponsorship, affiliation, or endorsement of his web site or location or of a product or service on his web site or location;
(iii) where the Registrant has registered the domain name primarily for the purpose of disrupting the business of a competitor.
(iv) where a Registrant has registered the domain name in order to prevent the owner of an IP or company from reflecting the name in a corresponding domain name;
(v) where the Registrant has no rights or legitimate interests in respect of the domain name; and / or,
(vi) where the Registrant has registered or have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to a Third Party who is the owner of the IP or company or to a competitor of that Third Party, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name.

14. CIRCUMSTANCES OF TRANSFER
14.1 A Registrant may transfer its Domain Name to a proposed new Registrant if:
(i) The Registrant sells part or all of its business operations or assets to the proposed new Registrant, and the Deed of Sale includes the transfer of the Domain Name; or
(ii) The Registrant assigns part or all of its intellectual property rights to the proposed new Registrant, and the Deed of Assignment includes the transfer of the Domain Name; or
(iii) Where the Registrant is a legal entity, the Registrant is liquidated or enters into administration and the liquidator or administrator authorises the transfer of the Domain Name to the proposed new Registrant; or
(iv) The Registrant and the proposed new Registrant are legal entities belonging to the same group of related entities; or
(v) The Registrant is holding the Domain Name in its capacity as an agent of the proposed new Registrant, and at the time of registration the Registrant had entered into an agreement to transfer the Domain Name to the proposed new Registrant at a future date; or
(vi) A competent arbitrator, tribunal, court or legislative body orders the Registrant to transfer its Domain Name to the proposed new Registrant, as in the case of a proceeding under the .bm Dispute Policy; or
(vii) The Registrant has entered into an agreement to transfer its Domain Name to the proposed new Registrant in settlement of a dispute between the parties, and the Deed of Settlement includes the transfer of the Domain Name licence; and the proposed new Registrant is eligible to hold the Domain Name according to the relevant eligibility and allocation rules; and the transfer does not constitute a breach of the prohibition on sale of a Domain Name by a Registrant.
14.2 A request for transfer of a Domain Name that does not qualify under the terms of this agreement will be denied by the BermudaNIC Registry. In the event that the Registrant is unable or no longer eligible to hold the Domain Name, then the Domain Name must be surrendered and the Domain Name deleted from the Domain Name Database under the normal deletion process.

Source

Note: The way everything is worded requires more due diligence to make sure you are in compliance, however, the red and Bolded Red parts indicate that a domain investor may not register a .bm domain for the sole purpose of reselling, renting et.c to profit off a 3rd party that laid claim to sad brand name matching the domain name prior to the registration of it. Furthermore, it also appears that the registrant bust build a business on the domain name in order to resell it as part of the business that was built to align with the "Circumstances of Transfer" clause.

I'll be skipping over the .bm analysis, but will log the above for reference as thread. The .bm ccTLD appears to be a no-bueno for domain investors looking for a quick flip with no intent to build a business themselves on the domain they register.

Be sure to do your own due diligence if you decide to register .bm domains for reselling.

 

[lamtran]

Any additional documents, requirements or information needed to register a .bm?
Yes

Company:

Copy of Bermudan Business Registration matching the domain name is required. The business is required to have a valid Bermudan address and phone number.
A written statement explaining the purpose of the domain is required to be submitted on company letterhead (signed by an authorized contact person at the company).

Individual:

A valid Bermudan address and phone number required.
Copy of a utility bill showing local Bermudan address.

 

[Eric Lyon]

Any additional documents, requirements or information needed to register a .bm?
Yes

Company:

Copy of Bermudan Business Registration matching the domain name is required. The business is required to have a valid Bermudan address and phone number.
A written statement explaining the purpose of the domain is required to be submitted on company letterhead (signed by an authorized contact person at the company).

Individual:

A valid Bermudan address and phone number required.
Copy of a utility bill showing local Bermudan address.

Thanks for the added information