Model Rules
for
Uniform Domain Name Dispute Resolution Policy

 

[If the Registrar has retained the right to appoint the dispute resolution service provider, the italicized text in square brackets shall apply.]

1. Definitions

In these Rules:

Complainant means the party initiating a complaint concerning a domain name registration.

Panel means an administrative panel appointed by a Provider to decide a complaint concerning a domain name registration.

Panelist means an individual appointed by a Provider to be a member of a Panel.

Party means a Complainant or a Respondent.

Policy means the domain name dispute resolution policy that is incorporated by reference and made a part of the Registration Agreement.

Provider means a dispute resolution service provider listed in the Registrar’s website.

Registrar means the entity with which the Respondent has registered a domain name that is the subject of a complaint.

Registration Agreement means the agreement between a Registrar and a domain name holder.

Respondent means the holder of a domain name registration against which a complaint is initiated.

 

2. Communications

(a) Any written communication provided for under these Rules shall be made

(i) by telecopy or facsimile transmission, with a confirmation of transmission; or

(ii) by postal or courier service, postage pre-paid and return receipt requested; or

(iii) electronically via the Internet, provided a record of its transmission is available.

(b) The Complainant’s contact details shall be as set forth in the complaint. A domain name holder’s contact details provided to and updated with the Registrar in accordance with the Registration Agreement shall be considered valid for the purpose of any communication under these Rules. Either Party may update its contact details by notifying the Provider and the Registrar in accordance with Paragraph 2(a).

(c) Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made

(i) if delivered by telecopy or facsimile transmission, on the date shown on the confirmation of transmission; or

(ii) if by postal or courier service, on the date marked on the receipt; or

(iii) if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.

(d) All time periods calculated under these Rules shall begin to run on the date that the communication is deemed to have been made in accordance with Paragraph 2(c).

(e) Any communication by

(i) a Panel to any Party shall be copied to the Provider and to the other Party;

(ii) the Provider to any Party shall be copied to the other Party; and

(iii) a Party shall be copied to the other Party, the Panel and the Provider, as the case may be.

 

3. The Complaint

(a) Any person or entity may initiate an administrative proceeding by submitting a complaint in accordance with the Policy and these Rules to the Provider/[Registrar].

(b) The complaint shall:

(i) Request that the complaint be submitted for decision in accordance with the Policy and these Rules;

(ii) Provide the names and postal and e-mail addresses and the telephone and telefax numbers of the Complainant and the Respondent (domain name holder) and of any authorized representative of the Complainant;

(iii) Specify the domain name(s) that is/are the subject of the complaint;

(iv) Identify the Registrar(s) with whom the domain name(s) is/are registered at the time the complaint is filed;

(v) In no more than [number of words], describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular,

(1) the manner in which the domain name is identical or misleadingly similar to a trade or service mark in which the complainant has rights; and

(2) why the Respondent (domain name holder) should be 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) why the domain name should be considered as having been registered and being used in bad faith. The following, in particular but without limitation, shall be evidence of the registration and use of a domain name in bad faith: (i) the Respondent’s (domain name holder’s) offer to sell, rent or otherwise transfer the domain name registration to the complainant or to a competitor of that complainant, for valuable consideration; or (ii) the Respondent’s (domain name holder’s) attempt to attract, for financial gain, Internet users to the domain name holder’s website or other on-line location, by creating confusion with the trade or service mark of the complainant; or (iii) the Respondent’s (domain name holder’s) registration of a domain name in order to prevent the owner of the trade or service mark from reflecting the mark in a corresponding domain name, provided that a pattern of such conduct has been established on the part of the domain name holder; or (iv) the Respondent’s (domain name holder’s) registration of a domain name in order to disrupt the business of a competitor.

(vi) Specify, in accordance with the Policy, the remedies sought;

(vii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to the domain name(s) that are the subject of the complaint;

(viii) Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name(s) in dispute, any trademark or servicemark registration upon which the complaint relies, together with a schedule indexing such evidence; and

(ix) State that a copy of the complaint has been sent or transmitted to the Respondent (domain name holder), in accordance with Paragraph 2.

(c) The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.

 

4. Notification of Complaint

(a) [The Registrar shall forward the complaint to the Provider no later than three (3) days after receiving it.] The Provider shall review the complaint for compliance with the Policy and these Rules and, if in compliance, shall forward the complaint to the Respondent within three (3) days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 19.

(b) The date of commencement of the proceedings shall be the date on which the complaint is forwarded by the Provider to the Respondent.

(c) The Provider shall notify the Complainant, the Respondent and the concerned Registrar(s) of the date of commencement of the proceedings.

 

5. The Response

(a) Within twenty (20) days of the date of commencement of the proceedings the Respondent shall submit a response to the Provider.

(b) The response shall:

(i) In no more than [number of words], respond to the statements and allegations contained in the complaint and include any and all bases for the Respondent (domain name holder) to retain registration and use of the disputed domain name;

(ii) Provide the names and postal and e-mail addresses and the telephone and telefax numbers of the Respondent (domain name holder) if different from that specified in the complaint, as well as of any representative of the Respondent;

(iii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to the domain name(s) that are the subject of the complaint;

(iv) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents; and

(v) State that a copy of the response has been sent or transmitted to the Complainant, in accordance with Paragraph 2.

(c) At the request of the Respondent, the Provider may, in exceptional cases, extend the period of time for the filing of the response.

(d) If a Respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint.

 

6. Appointment of the Panel and Timing of Decision

(a) The Provider shall maintain and publish a publicly available list of Panelists and their qualifications.

(b) Within five (5) days following receipt of the response by the Provider, or the lapse of the time period for the submission thereof, the Provider shall appoint a Panel of one or three members from its list of Panelists and shall notify the Parties accordingly. The Provider shall, at the same time, notify the Parties of the date by which, absent exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider.

(c) In appointing a Panel, the Provider shall take into consideration factors such as the identity of the Parties, the circumstances underlying the complaint and the number of other complaints to be decided by the Panel.

 

7. Impartiality and Independence

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 proceedings, 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.

 

8. Communication Between Parties and the Panel

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.

 

9. Transmission of the File to the Panel

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 sole Panelist, or as soon as the last Panelist is appointed in the case of a three-member Panel.

 

10. General Powers of the Panel

(a) The Panel shall conduct the proceedings in such manner as it considers appropriate in accordance with the Policy and these Rules.

(b) In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.

(c) The Panel shall ensure that the proceedings take place with due expedition. 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.

(d) The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.

(e) A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.

11. Language of Proceedings

(a) Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the proceedings shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the proceedings.

(b) The Panel may order that any documents submitted in languages other than the language of the proceedings be accompanied by a translation in whole or in part into the language of the proceedings.

 

12. Further Statements

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.

 

13. In-Person Hearings

There shall be no in-person hearings, unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint.

 

14. Default

(a) In the event that a Party, in the absence of exceptional circumstances, does not comply with any of the time periods established by these Rules or the Panel, the Panel shall proceed to a decision on the complaint.

(b) If a Party, in the absence of exceptional circumstances, does not comply with any provision of, or requirement under these Rules or any request from the Panel, the Panel shall draw such inferences therefrom as it considers appropriate.

 

15. Panel Decisions

(a) A Panel shall decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.

(b) In the absence of exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider within fourteen (14) days of its appointment pursuant to Paragraph 6.

(c) In the case of a three-member Panel, the Panel’s decision shall be made by a majority.

(d) The Panel’s decision shall be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelist(s).

(e) Panel decisions shall normally be limited to [number of words]. Any dissenting opinion shall accompany the majority decision and shall normally be limited to [number of words].

 

16. Communication of Decision to Parties

(a) Within three (3) days of receiving the decision from the Panel, the Provider shall communicate the full text of the decision to each Party and the concerned Registrar(s) and shall indicate the date for the implementation of the decision in accordance with the Policy.

(b) Except if the Panel determines otherwise, the Provider shall publish the decision and the date of its implementation on a publicly accessible website.

 

17. Settlement or Other Grounds for Termination

(a) If, before the Panel’s decision, the Parties agree on a settlement, the Panel shall terminate the proceedings.

(b) If, before the Panel’s decision is made, it becomes unnecessary or impossible to continue the proceedings for any reason, the Panel shall terminate the proceedings, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Panel.

 

18. Effect of Court Proceedings

(a) In the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of a domain name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to proceed to a decision.

(b) In the event that a Party initiates any legal proceedings during the pendency of an administrative proceeding in respect of a domain name dispute that is the subject of the complaint, it shall promptly notify the Panel and the Provider.

 

19. Fees

(a) The Complainant shall pay to the Provider a fixed fee, in accordance with the Provider’s published schedule, within the time and in the amount required. (Annex A to these Rules).

(b) No action shall be taken by the Provider on a complaint until it has received the fee in accordance with Paragraph 19(a).

(c) If the Provider has not received the fee within ten (10) days of receiving the complaint, the complaint shall be deemed withdrawn and the proceedings terminated.

(d) In exceptional circumstances, for example in the event an in-person hearing is held, the Provider shall request the Parties for the payment of additional fees, which shall be established in agreement with the Parties and the Panel.

 

20. Exclusion of Liability

Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in connection with any administrative proceeding under these Rules.

 

21. Amendments

The version of these Rules in effect at the time of the filing of the complaint shall apply to the administrative proceeding commenced thereby. The Provider shall retain the right to revise, amend or modify these Rules from time to time.

 

END OF DOCUMENT.