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UDRP (Mandatory administrative proceedings must be submitted to the the…
UDRP
Mandatory administrative proceedings must be submitted to the the following circumstances
A - Applicable Disputes when a third party applies
Similar or identical name to the trademark complained off
You have no rights to the domain name
Your domain name was registered and used in bad faith
Complainant must prove that all of these three elements are present
B - Bad Faith - following are evidence, but not exhaustive so other factors could be taken into account
You registered the domain name merely so the complainant could not use it for their registered trademark
Registered in the aim of disrupting business of a competitor
Circumstances indication you registered the domain name with the purpose of selling renting or otherwise transferring the domain name to the complaint in return for compensation
Via creating a likelihood of confusion with the complainants mark, you are attracting customers to your website
C - How to demonstrate that your have rights to the domain name for purposes of article 4(a)(ii)
1 - Before the notice of the dispute, your use of the domain name in connection with the sale of goods or services or the preparation for use of that name.
2 - You are commonly known by that domain name, regardless of having trademark rights
3 - You are making legitimate non commercial fair use of the trade name
D- Selection of provider - must be one approved by ICANN
F - Consolidation - where there are multiple disputes between the parties these can be consolidated and heard by one administrative panel
H - Not involved in administrative process and thus are not liable. Most likely motivated by the Knowledgenet v Bone in the USA where InterNIC were sued.
K - Can implement court proceedings either before or after providing the court is of competent jurisdiction. After the administration panels decision, you have 10 days to enter into the court. IF this is received within the 10 days the panel's decision will not be implemented until the court case has concluded
Representations:
2- To your knowledge the domain name doe snot infringe upon a third parties rights
3- not registered for an unlawful purpose
1 - That your statements in the registration agreement re accurate
4 - will not register a domain name that to your knowledge is precluded via laws or regulations
Transfers/ cancellations
1 - when the domain owner authorises it
2 - upon order from arbitrator or court of competent jurisdiction
Via the terms of your registration agreemnt