UNIFORM DOMAIN-NAME DISPUTE RESOLUTION POLICY AND RULES

Dispute Policy and Procedural Rules

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This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www. You are required to submit to a mandatory administrative proceeding in the event that a third party a "complainant" asserts to the applicable Provider, in compliance with the Rules of Procedure, that.

Uniform Domain-Name Dispute-Resolution Policy

In the administrative proceeding, the complainant must prove that each of these three elements are present. Evidence of Registration and Use in Bad Faith.

For the purposes of Paragraph 4 a iii , the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4 a ii:.

The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4 f. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute the "Administrative Panel". In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel.

This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5 b iv of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

Our Involvement in Administrative Proceedings.

We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

Published on 30 April , the WIPO Report [4] recommended the establishment of a "mandatory administrative procedure concerning abusive registrations", which would allow for a "neutral venue in the context of disputes that are often international in nature. It would, however, be mandatory in the sense that "each domain name application would, in the domain name agreement, be required to submit to the procedure if a claim was initiated against it by a third party [5].

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Michael Bosman , involving the domain name worldwrestlingfederation. When a registrant chooses a domain name, the registrant must "represent and warrant", among other things, that registering the name "will not infringe upon or otherwise violate the rights of any third party", and agree to participate in an arbitration -like proceeding should any third party assert such a claim.

In a UDRP proceeding, a panel will consider several non-exclusive factors to assess bad faith, such as:. The goal of the UDRP is to create a streamlined process for resolving such disputes.

It was envisioned that this process would be quicker and less expensive than a standard legal challenge. If a party loses a UDRP proceeding, in many jurisdictions it may still bring a lawsuit against the domain name registrant under local law.

If a domain name registrant loses a UDRP proceeding, it must file a lawsuit against the trademark holder within ten days to prevent ICANN from transferring the domain name. Dan Parisi and "Madonna. The Registrar shall not notify the Respondent of the proceeding until the Lock status has been applied.

The Policy

Any updates to the Respondent's data, such as through the result of a request by a privacy or proxy provider to reveal the underlying customer data, must be made before the two 2 business day period concludes or before the Registrar verifies the information requested and confirms the Lock to the UDRP Provider, whichever occurs first.

Any modification s of the Respondent's data following the two 2 business day period may be addressed by the Panel in its decision.

Dispute Policy and Procedural Rules

The Complainant shall have five 5 calendar days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to submission of a different complaint by Complainant. The Provider shall inform the Respondent that any corrections to the Respondent's contact information during the remaining Pendency of the UDRP proceedings shall be communicated to the Provider further to Rule 5 c ii and 5 c iii.

This extension does not preclude any additional extensions that may be given further to 5 d of the Rules. This payment shall be made together with the submission of the response to the Provider.

In the event that the required payment is not made, the dispute shall be decided by a single-member Panel. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Provider. The fees for a single-member Panel shall be paid entirely by the Complainant. The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.

In the event the Provider is unable within five 5 calendar days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the Provider shall make that appointment from its list of panelists. The third Panelist shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider's selection from among the five being made in a manner that reasonably balances the preferences of both Parties, as they may specify to the Provider within five 5 calendar days of the Provider's submission of the five-candidate list to the Parties.

A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances giving rise to justifiable doubt as to the Panelist's impartiality or independence. If, at any stage during the administrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of the Panelist, that Panelist shall promptly disclose such circumstances to the Provider.

In such event, the Provider shall have the discretion to appoint a substitute Panelist. No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between a Party and the Panel or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Provider's Supplemental Rules. The Provider shall forward the file to the Panel as soon as the Panelist is appointed in the case of a Panel consisting of a single member, or as soon as the last Panelist is appointed in the case of a three-member Panel.

It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel.

In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from either of the Parties. There shall be no in-person hearings including hearings by teleconference, videoconference, and web conference , unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint.

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