Rules for Uniform Domain Name Dispute Resolution
Policy
(the "Rules")
(As Approved by ICANN on October 24, 1999)
Administrative proceedings for the resolution of disputes
under the Uniform Dispute Resolution Policy adopted by ICANN shall be
governed by these Rules and also the Supplemental Rules of the Provider
administering the proceedings, as posted on its web site.
1. Definitions
In these Rules:
Complainant means the party initiating a complaint
concerning a domain-name registration.
ICANN refers to the Internet Corporation for
Assigned Names and Numbers.
Mutual Jurisdiction means a court jurisdiction
at the location of either (a) the principal office of the Registrar
(provided the domain-name holder has submitted in its Registration Agreement
to that jurisdiction for court adjudication of disputes concerning or
arising from the use of the domain name) or (b) the domain-name holder's
address as shown for the registration of the domain name in Registrar's
Whois database at the time the complaint is submitted to the Provider.
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 Uniform 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 approved by ICANN. A list of such Providers appears at www.icann.org/udrp/approved-providers.htm.
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.
Reverse Domain Name Hijacking means using
the Policy in bad faith to attempt to deprive a registered domain-name
holder of a domain name.
Supplemental Rules means the rules adopted
by the Provider administering a proceeding to supplement these Rules.
Supplemental Rules shall not be inconsistent with the Policy or these
Rules and shall cover such topics as fees, word and page limits and
guidelines, the means for communicating with the Provider and the Panel,
and the form of cover sheets.
2. Communications
(a) When forwarding a complaint to the Respondent,
it shall be the Provider's responsibility to employ reasonably available
means calculated to achieve actual notice to Respondent. Achieving actual
notice, or employing the following measures to do so, shall discharge
this responsibility:
(i) sending the complaint to all postal-mail and
facsimile addresses (A) shown in the domain name's registration data
in Registrar's Whois database for the registered domain-name holder,
the technical contact, and the administrative contact and (B) supplied
by Registrar to the Provider for the registration's billing contact;
and
(ii) sending the complaint in electronic form (including
annexes to the extent available in that form) by e-mail to:
(A) the e-mail addresses for those technical,
administrative, and billing contacts;
(B) postmaster@<the contested domain name>;
and
(C) if the domain name (or "www." followed by
the domain name) resolves to an active web page (other than a generic
page the Provider concludes is maintained by a registrar or ISP
for parking domain-names registered by multiple domain-name holders),
any e-mail address shown or e-mail links on that web page; and
(iii) sending the complaint to any address the
Respondent has notified the Provider it prefers and, to the extent
practicable, to all other addresses provided to the Provider by Complainant
under Paragraph 3(b)(v).
(b) Except as provided in Paragraph 2(a), any written
communication to Complainant or Respondent provided for under these
Rules shall be made by the preferred means stated by the Complainant
or Respondent, respectively (see Paragraphs 3(b)(iii) and 5(b)(iii)),
or in the absence of such specification
(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.
(c) Any communication to the Provider or the Panel
shall be made by the means and in the manner (including number of copies)
stated in the Provider's Supplemental Rules.
(d) Communications shall be made in the language
prescribed in Paragraph 11. E-mail communications should, if practicable,
be sent in plaintext.
(e) Either Party may update its contact details by
notifying the Provider and the Registrar.
(f) 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.
(g) Except as otherwise provided in these Rules,
all time periods calculated under these Rules to begin when a communication
is made shall begin to run on the earliest date that the communication
is deemed to have been made in accordance with Paragraph 2(f).
(h) 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.
(i) It shall be the responsibility of the sender
to retain records of the fact and circumstances of sending, which shall
be available for inspection by affected parties and for reporting purposes.
(j) In the event a Party sending a communication
receives notification of non-delivery of the communication, the Party
shall promptly notify the Panel (or, if no Panel is yet appointed, the
Provider) of the circumstances of the notification. Further proceedings
concerning the communication and any response shall be as directed by
the Panel (or the Provider).
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 any Provider approved by ICANN. (Due to capacity constraints
or for other reasons, a Provider's ability to accept complaints may
be suspended at times. In that event, the Provider shall refuse the
submission. The person or entity may submit the complaint to another
Provider.)
(b) The complaint shall be submitted in hard copy
and (except to the extent not available for annexes) in electronic form
and shall:
(i) Request that the complaint be submitted for
decision in accordance with the Policy and these Rules;
(ii) Provide the name, postal and e-mail addresses,
and the telephone and telefax numbers of the Complainant and of any
representative authorized to act for the Complainant in the administrative
proceeding;
(iii) Specify a preferred method for communications
directed to the Complainant in the administrative proceeding (including
person to be contacted, medium, and address information) for each
of (A) electronic-only material and (B) material including hard copy;
(iv) Designate whether Complainant elects to have
the dispute decided by a single-member or a three-member Panel and,
in the event Complainant elects a three-member Panel, provide the
names and contact details of three candidates to serve as one of the
Panelists (these candidates may be drawn from any ICANN-approved Provider's
list of panelists);
(v) Provide the name of the Respondent (domain-name
holder) and all information (including any postal and e-mail addresses
and telephone and telefax numbers) known to Complainant regarding
how to contact Respondent or any representative of Respondent, including
contact information based on pre-complaint dealings, in sufficient
detail to allow the Provider to send the complaint as described in
Paragraph 2(a);
(vi) Specify the domain name(s) that is/are the
subject of the complaint;
(vii) Identify the Registrar(s) with whom the domain
name(s) is/are registered at the time the complaint is filed;
(viii) Specify the trademark(s) or service mark(s)
on which the complaint is based and, for each mark, describe the goods
or services, if any, with which the mark is used (Complainant may
also separately describe other goods and services with which it intends,
at the time the complaint is submitted, to use the mark in the future.);
(ix) 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(s) is/are
identical or confusingly similar to a trademark 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(s) should be considered
as having been registered and being used in bad faith
(The description should, for elements (2) and (3),
discuss any aspects of Paragraphs 4(b) and 4(c) of the Policy that
are applicable. The description shall comply with any word or page
limit set forth in the Provider's Supplemental Rules.);
(x) Specify, in accordance with the Policy, the
remedies sought;
(xi) Identify any other legal proceedings that
have been commenced or terminated in connection with or relating to
any of the domain name(s) that are the subject of the complaint;
(xii) State that a copy of the complaint, together
with the cover sheet as prescribed by the Provider's Supplemental
Rules, has been sent or transmitted to the Respondent (domain-name
holder), in accordance with Paragraph 2(b);
(xiii) State that Complainant will submit, with
respect to any challenges to a decision in the administrative proceeding
canceling or transferring the domain name, to the jurisdiction of
the courts in at least one specified Mutual Jurisdiction;
(xiv) Conclude with the following statement followed
by the signature of the Complainant or its authorized representative:
"Complainant agrees that its claims and remedies
concerning the registration of the domain name, the dispute, or
the dispute's resolution shall be solely against the domain-name
holder and waives all such claims and remedies against (a) the dispute-resolution
provider and panelists, except in the case of deliberate wrongdoing,
(b) the registrar, (c) the registry administrator, and (d) the Internet
Corporation for Assigned Names and Numbers, as well as their directors,
officers, employees, and agents."
"Complainant certifies that the information contained
in this Complaint is to the best of Complainant's knowledge complete
and accurate, that this Complaint is not being presented for any
improper purpose, such as to harass, and that the assertions in
this Complaint are warranted under these Rules and under applicable
law, as it now exists or as it may be extended by a good-faith and
reasonable argument."; and
(xv) Annex any documentary or other evidence, including
a copy of the Policy applicable to the domain name(s) in dispute and
any trademark or service mark registration upon which the complaint
relies, together with a schedule indexing such evidence.
(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 Provider shall review the complaint for administrative
compliance with the Policy and these Rules and, if in compliance, shall
forward the complaint (together with the explanatory cover sheet prescribed
by the Provider's Supplemental Rules) to the Respondent, in the manner
prescribed by Paragraph 2(a), within three (3) calendar days following
receipt of the fees to be paid by the Complainant in accordance with
Paragraph 19.
(b) If the Provider finds the complaint to be administratively
deficient, it shall promptly notify the Complainant and the Respondent
of the nature of the deficiencies identified. 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.
(c) The date of commencement of the administrative
proceeding shall be the date on which the Provider completes its responsibilities
under Paragraph 2(a) in connection with forwarding the Complaint to
the Respondent.
(d) The Provider shall immediately notify the Complainant,
the Respondent, the concerned Registrar(s), and ICANN of the date of
commencement of the administrative proceeding.
5. The Response
(a) Within twenty (20) days of the date of commencement
of the administrative proceeding the Respondent shall submit a response
to the Provider.
(b) The response shall be submitted in hard copy
and (except to the extent not available for annexes) in electronic form
and shall:
(i) Respond specifically 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 (This portion of the response shall
comply with any word or page limit set forth in the Provider's Supplemental
Rules.);
(ii) Provide the name, postal and e-mail addresses,
and the telephone and telefax numbers of the Respondent (domain-name
holder) and of any representative authorized to act for the Respondent
in the administrative proceeding;
(iii) Specify a preferred method for communications
directed to the Respondent in the administrative proceeding (including
person to be contacted, medium, and address information) for each
of (A) electronic-only material and (B) material including hard copy;
(iv) If Complainant has elected a single-member
panel in the Complaint (see Paragraph 3(b)(iv)),
state whether Respondent elects instead to have the dispute decided
by a three-member panel;
(v) If either Complainant or Respondent elects
a three-member Panel, provide the names and contact details of three
candidates to serve as one of the Panelists (these candidates may
be drawn from any ICANN-approved Provider's list of panelists);
(vi) Identify any other legal proceedings that
have been commenced or terminated in connection with or relating to
any of the domain name(s) that are the subject of the complaint;
(vii) State that a copy of the response has been
sent or transmitted to the Complainant, in accordance with Paragraph
2(b); and
(viii) Conclude with the following statement followed
by the signature of the Respondent or its authorized representative:
"Respondent certifies that the information contained
in this Response is to the best of Respondent's knowledge complete
and accurate, that this Response is not being presented for any
improper purpose, such as to harass, and that the assertions in
this Response are warranted under these Rules and under applicable
law, as it now exists or as it may be extended by a good-faith and
reasonable argument."; and
(ix) Annex any documentary or other evidence upon
which the Respondent relies, together with a schedule indexing such
documents.
(c) If Complainant has elected to have the dispute
decided by a single-member Panel and Respondent elects a three-member
Panel, Respondent shall be required to pay one-half of the applicable
fee for a three-member Panel as set forth in the Provider's Supplemental
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.
(d) At the request of the Respondent, the Provider
may, in exceptional cases, extend the period of time for the filing
of the response. The period may also be extended by written stipulation
between the Parties, provided the stipulation is approved by the Provider.
(e) 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) Each Provider shall maintain and publish a publicly
available list of panelists and their qualifications.
(b) If neither the Complainant nor the Respondent
has elected a three-member Panel (Paragraphs 3(b)(iv) and 5(b)(iv)),
the Provider shall appoint, within five (5) calendar days following
receipt of the response by the Provider, or the lapse of the time period
for the submission thereof, a single Panelist from its list of panelists.
The fees for a single-member Panel shall be paid entirely by the Complainant.
(c) If either the Complainant or the Respondent elects
to have the dispute decided by a three-member Panel, the Provider shall
appoint three Panelists in accordance with the procedures identified
in Paragraph 6(e). 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.
(d) Unless it has already elected a three-member
Panel, the Complainant shall submit to the Provider, within five (5)
calendar days of communication of a response in which the Respondent
elects a three-member Panel, the names and contact details of three
candidates to serve as one of the Panelists. These candidates may be
drawn from any ICANN-approved Provider's list of panelists.
(e) In the event that either the Complainant or the
Respondent elects a three-member Panel, the Provider shall endeavor
to appoint one Panelist from the list of candidates provided by each
of the Complainant and the Respondent. 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.
(f) Once the entire Panel is appointed, the Provider
shall notify the Parties of the Panelists appointed and the date by
which, absent exceptional circumstances, the Panel shall forward its
decision on the complaint to the Provider.
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 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.
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 in the manner prescribed in the Provider's Supplemental
Rules.
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 single member, 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 administrative proceeding
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 administrative
proceeding takes 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 administrative
proceeding 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 administrative proceeding.
(b) The Panel may order that any documents submitted
in languages other than the language of the administrative proceeding
be accompanied by a translation in whole or in part into the language
of the administrative proceeding.
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 (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.
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 and dissenting opinions shall
normally comply with the guidelines as to length set forth in the Provider's
Supplemental Rules. Any dissenting opinion shall accompany the majority
decision. If the Panel concludes that the dispute is not within the
scope of Paragraph 4(a) of the Policy, it shall so state. If after considering
the submissions the Panel finds that the complaint was brought in bad
faith, for example in an attempt at Reverse Domain Name Hijacking or
was brought primarily to harass the domain-name holder, the Panel shall
declare in its decision that the complaint was brought in bad faith
and constitutes an abuse of the administrative proceeding.
16. Communication of Decision to Parties
(a) Within three (3) calendar days after receiving
the decision from the Panel, the Provider shall communicate the full
text of the decision to each Party, the concerned Registrar(s), and
ICANN. The concerned Registrar(s) shall immediately communicate to each
Party, the Provider, and ICANN the date for the implementation of the
decision in accordance with the Policy.
(b) Except if the Panel determines otherwise (see
Paragraph 4(j) of the Policy), the Provider shall publish the full decision
and the date of its implementation on a publicly accessible web site.
In any event, the portion of any decision determining a complaint to
have been brought in bad faith (see Paragraph 15(e) of these Rules)
shall be published.
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 administrative
proceeding.
(b) If, before the Panel's decision is made, it becomes
unnecessary or impossible to continue the administrative proceeding
for any reason, the Panel shall terminate the administrative proceeding,
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. See Paragraph 8 above.
19. Fees
(a) The Complainant shall pay to the Provider an
initial fixed fee, in accordance with the Provider's Supplemental Rules,
within the time and in the amount required. A Respondent electing under
Paragraph 5(b)(iv) to have the dispute decided by a three-member Panel,
rather than the single-member Panel elected by the Complainant, shall
pay the Provider one-half the fixed fee for a three-member Panel. See
Paragraph 5(c). In all other cases, the Complainant shall bear all of
the Provider's fees, except as prescribed under Paragraph 19(d). Upon
appointment of the Panel, the Provider shall refund the appropriate
portion, if any, of the initial fee to the Complainant, as specified
in the Provider's Supplemental Rules.
(b) No action shall be taken by the Provider on a
complaint until it has received from Complainant the initial fee in
accordance with Paragraph 19(a).
(c) If the Provider has not received the fee within
ten (10) calendar days of receiving the complaint, the complaint shall
be deemed withdrawn and the administrative proceeding 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 submission of the complaint to the Provider shall apply to the administrative
proceeding commenced thereby. These Rules may not be amended without the
express written approval of ICANN.
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