Policy Adopted: August 26, 1999
Implementation Documents Approved: October 24, 1999
Last update: 25-October-99.
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 website.
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:
http://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 |
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 website.
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. |
