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  1. Domain name disputes

    By neil on 9th Mar 2011 | No Comments

    Domain name disputes such as this where one party claims to have rights in a domain name which has been registered by another party are governed by The Rules for Uniform Domain Name Dispute Resolution Policy (“the Policy”). The Policy is incorporated by reference into all agreements on registering a domain.

    Claims in relation to domain name disputes can be submitted to one of the following administrative-dispute resolution service providers:

    a) Asian Domain Name Dispute Resolution Centre <http://www.adndrc.org/>;

    b) CPR Institute for Dispute Resolution <http://www.cpradr.org/ICANN_Menu.htm>;

    c) The National Arbitration Forum <http://www.arbforum.com/domains/>;

    d) World Intellectual Property Organization <http://arbiter.wipo.int/domains/>.

    As a claimant under this procedure you would have to show that: a) the domain name registered by the [insert name of registrant] (“the Respondent”) is identical or confusingly similar to a trade mark or service mark (not necessarily a registered trade/service mark) in which you have rights; and b) the Respondent has no right or legitimate interest in respect of the domain name; and c) the domain name has been registered and is being used in bad faith.

    You would have to provide evidence of your rights and legitimate interest in the domain names and why the Respondents should be considered as having no right or legitimate interest. You would also have to show why the domains should be considered as having been registered and being used in bad faith. The following circumstances, if present, are evidence of bad faith:

    a) if the Respondent has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to you; or b) if the domain has been registered to prevent you from reflecting the mark in a corresponding domain name and the Respondent has done the same thing before; or c) the domain name has registered the domain name primarily for the purpose of disrupting the business of a competitor; or d) the Respondent by using the domain name has intentionally attempted to attract, for commercial gain, Internet users to their site by creating a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of their website.

    We would need to investigate the [insert company’s name] motives and intentions in order to advise you more specifically on your chances of success in relation to submitting a claim against it under the above procedure.