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.icann.org/udrp/approved-providers.htm
(each, a "Provider").
- Applicable Disputes
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,
- your domain name is identical or confusingly similar to a trademark or service mark in which the
complainant has rights; and
- you have no rights or legitimate interests in respect of the domain name; and
- your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements
- 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:
- circumstances indicating that you have registered or you have acquired the domain name primarily
for the purpose of selling, renting, or otherwise transferring the domain name registration to
the complainant who is the owner of the trademark or service mark or to a competitor of that
complainant, for valuable consideration in excess of your documented out-of-pocket costs
directly related to the domain name; or
- you have registered the domain name in order to prevent the owner of the trademark or service
mark from reflecting the mark in a corresponding domain name, provided that you have engaged in
a pattern of such conduct; or
- you have registered the domain name primarily for the purpose of disrupting the business of a
- by using the domain name, you have intentionally attempted to attract, for commercial gain,
Internet users to your web site or other on-line location, by creating a likelihood of confusion
with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your
web site or location or of a product or service on your web site or location.
- How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a
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
- before any notice to you of the dispute, your use of, or demonstrable preparations to use, the
domain name or a name corresponding to the domain name in connection with a bona fide offering
of goods or services; or
- you (as an individual, business, or other organization) have been commonly known by the domain
name, even if you have acquired no trademark or service mark rights; or
- you are making a legitimate noncommercial or fair use of the domain name, without intent for
commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at
- Selection of Provider
The complainant shall select the Provider from among those approved by ICANN by submitting the
complaint to that Provider. The selected Provider will administer the proceeding, except in cases of
consolidation as described in Paragraph 4(f).
- Initiation of Proceeding and Process and Appointment of Administrative Panel
The Rules of Procedure state the process of initiating and conducting a proceeding and appointing the
panel that will resolve 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 that are to be consolidated are governed by this Policy or a later
version of this Policy adopted by ICANN.
All fees charged by a Provider in connection to 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 between 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.
- Notification and Publication
The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain
name you have registered with us. All decisions under this Policy will be published in full over the
Internet, except when an Administrative Panel determines in an exceptional case to redact portions
of its decision.
- Availability of Court Proceedings
The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent
either you or the complainant from submitting the dispute to a court of competent jurisdiction for
independent resolution before such mandatory administrative proceeding is commenced or after such
proceeding is concluded. If an Administrative Panel decides that your domain name registration
should be canceled or transferred, we will wait ten (10) business days (as observed in the location
of our principal office) after we are informed by the applicable Provider of the Administrative
Panel's decision before implementing that decision. We will then implement the decision unless we
have received from you during that ten (10) business day period official documentation (such as a
copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit
against the complainant in a jurisdiction to which the complainant has submitted under Paragraph
3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our
principal office or of your address as shown in our WHOIS database (see Paragraphs 1 and 3(b)(xiii)
of the Rules of Procedure for details). If we receive such documentation within the ten (10)
business day period, we will not implement the Administrative Panel's decision, and we will take no
further action, until we receive:
- evidence satisfactory to us of a resolution between the parties;
- evidence satisfactory to us that your lawsuit has been dismissed or withdrawn;
- a copy of an order from such court dismissing your lawsuit or ordering that you do not have the
right to continue to use your domain name.