.its.me Domains Dispute & Policy
Last Update 20 August 2012. The most current .its.me domains dispute policy can be found at: www.domain.me/files/ME-UDRP-Policy.pdf
.ME Sunrise Challenge Policy
1. Purpose. This Sunrise Registration Challenge Policy (the "Policy") has been adopted by doMEn d.o.o. (“doMEn”) and is incorporated by reference into the Sunrise registration agreement (the “Registration Agreement”) between you (as the “Registrant”) and us (as the “Registrar”). Thus, the Policy applies to all second-level domain names applied for during the Sunrise Registration Period, i.e. between 1 May 2008 and 20 May 2008, whether or not such names were subsequently transferred. The Policy sets forth the terms and conditions that will apply in the event of a dispute between you and any party other than us or .doMEn regarding the compliance of your registration of a .ME top-level domain name (the “Domain Name”) with the Sunrise Registration Conditions set forth in the Registration Agreement and reproduced in Paragraph 4(c) of this Policy (“Sunrise Registration Conditions”). doMEn may itself also initiate challenges in connection with Sunrise registrations appearing to be made in violation of the Sunrise Registration Conditions (“Registry Challenges”); such Registry Challenges may also be submitted after the conclusion of the Sunrise Challenge Period, which begins Monday, 9 June 2008, the week following the conclusion of the Sunrise Auction Period, and ends Monday, 7 July, 2008.
The footnotes to this Policy are an integral part thereof.
Proceedings under Paragraph 4 of this Policy will be conducted pursuant to the Rules for Sunrise Registration Challenge Policy (the “Rules”), which are available online at www.domain.me
2. Registrant Representations. By applying to register a Domain Name in accordance with the Sunrise Registration Conditions, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) the registration of the Domain Name complies with the Sunrise Registration Conditions; (c) to your knowledge, neither the registration nor the use of the Domain Name will infringe upon or otherwise violate the rights of any third party; (d) you are not registering the Domain Name for an unlawful purpose; and (e) you will not knowingly use the Domain Name in violation of any applicable laws or regulations. It is your responsibility to determine whether your Domain Name registration infringes or violates someone else’s rights and complies with the terms and conditions of the Registration Agreement.
doMEn reserves the right to cancel, at any time, a domain name registered in violation of any of the above-mentioned conditions.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to a domain name registration that is subject to this Policy under the following circumstances:
a. Subject to the provisions of Paragraph 5, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; and/or
b. Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. Our receipt of a decision requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by doMEn. doMEn may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of the Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be administered by the World Intellectual Property Organization Arbitration and Mediation Center (the “Center”).
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (the "Challenger") asserts to the Center, in compliance with the Rules, that:
(i) at the time of your registration of the Domain Name, no current (non-expired) trademark or service mark was registered in your name;
(ii) the Domain Name is not identical to the textual or word elements of the trademark or service mark registration on which the registration of your Domain Name is based;
or
The trademark or service mark registration must be in the name of the Domain Name registrant. A trademark license will not be considered sufficient, nor will a registration in the supplemental register of the United States Patent and Trademark Office. Unregistered trademark or service marks, or other rights in distinctive signs (such as trade names, personal names, geographical indications etc.), do not meet the Sunrise Registration Conditions.
Identity will be deemed to exist also where there is a space between the textual or word elements of the mark (e.g., "service mark") and, in the Domain Name, a hyphen is used or the elements are combined (e.g., <service-mark.me> or <servicemark.me>). Identity will also be deemed to exist when special characters in the trademark or service mark (such as ~ @ # $ % ^ & * ( ) + = <> { } [ ] | \ /) , spaces, and punctuation (such as : ; “ ‘ , . ?), are, in the Domain Name, eliminated entirely (no space), replaced with hyphens within a domain name or transcribed in a conventionally accepted way. For example, if you own a trademark registration for "Service & Mark" and qualify to register in .me, you may apply for <servicemark.me >, <service-mark.me>, or <serviceandmark.me>. If the trademark contains letters which contain additional elements that for technical reasons cannot be reproduced in the domain name, such as ä, é or ñ, the letters concerned must, in the Domain Name, be reproduced without these elements (such as a, e, n), or must be replaced by conventionally accepted spellings (such as ae for ä). In all other respects, the Domain Name must be identical to the
(iii) the trademark or service mark registration on which the registration of your Domain Name is based is not of national effect;
or
(iv) the trademark or service mark on which the registration of your Domain Name was based was not registered or applied for, prior to 28 June 2006 with the trademark authority with which the mark is registered
All challenges under this Policy (except for any Registry Challenges) must be submitted, no later than 7 July 2008 at 12:00 noon UTC. Proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) shall not be brought against a Domain Name, as long as such Domain Name is, or can be, subject to a challenge under this Sunrise Challenge Policy.
b. Challenger’s Compliance with the Sunrise Registration Conditions. A Challenger seeking transfer of the Domain Name is required to demonstrate, as part of the administrative proceeding and as a condition for such transfer, the Challenger’s own compliance with the Sunrise Registration Conditions.
c. How to Demonstrate Compliance with the Sunrise Registration Conditions. In order to demonstrate compliance with the Sunrise Registration Conditions, a Party must submit, as further specified in the Rules, an original or a copy, certified as correct by the issuing trademark authority, of a trademark or service mark certificate establishing that:
(i) at the time of the registration of the Domain Name, a trademark or service mark was registered in the name of the Party, and was current (non-expired), as evidenced by the date(s) set forth in the certificate itself;
and
(ii) the textual or word elements of the trademark or service mark registration are identical to the Domain Name;
and
(iii) the trademark or service mark registration is of national effect;
and
(iv) the trademark or service mark was registered or applied for, prior to 28 June 2006, with the trademark authority with which the mark is registered
d. Multiple Challenges. In the event more than one challenge is submitted to the Center regarding the same Domain Name, the Center will process only the first challenge received. Any further challenges will not be processed and no challenger’s fee will be charged by the Center. The Center is under no obligation to communicate concerning any such further challenges.
For instance, European Community trademarks meet the condition of national effect, but United States state trademarks or service marks do not.
The trademark or service mark must have been registered in the name of the domain name registrant on or before 28 June 2006. It will also be considered sufficient if the Domain Name registrant had applied for the trademark or service mark before that date, provided that the mark is registered by the time of the Domain Name registration.
However, if a challenge is terminated without a determination by the Center regarding the Respondent’s and/or the Challenger’s compliance with the Sunrise Registration Conditions, the Center will process the next-filed challenge, provided that this challenge was also filed during the Sunrise Challenge Period.
e. Decision. The challenge will be decided upon by the Center as set out in Subparagraphs (i) to (iii) below. The Center’s decision of whether the Sunrise Registration Conditions are met will be based on a prima facie examination of any trademark or service mark certificates submitted, in relation to the information contained in the relevant doMEn Whois database. The Center’s decision is of an administrative nature and shall be final. The Center shall not be required to state reasons for its decision.
(i) If the Center finds that you have registered the Domain Name in compliance with the Sunrise Registration Conditions, the Center will dismiss the Challenge.
(ii) If the Center is unable to find that you have registered the Domain Name in compliance with the Sunrise Registration Conditions, the Challenge will be granted. If the Challenger has requested transfer, the transfer will be subject to a decision by the Center that the challenge complies with the Sunrise Registration Conditions, failing which Subparagraph (iii) shall apply.
(iii) If a prevailing Challenger sought a cancellation, or if neither Party established compliance with the Sunrise Registration Conditions, the Center shall order that the Domain Name be cancelled.
f. Fees. In accordance with the Rules, the submission of a challenge under this Policy (subject to any other arrangements that may apply to the submission of Registry Challenges) is subject to the payment of a Challenger’s fee in the amount of 700 Euros, subject to the provisions of Rules, Paragraph 13. All payments are to be made by credit card. If a challenge is submitted, but the Challenger’s fee is not paid in accordance with the Rules, the challenge will be dismissed.
g. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before the Center under this Policy. In addition, we will not be liable as a result of any decisions rendered by the Center. doMEn reserves the right to bring Registry Challenges, as set forth in Paragraph 1.
h. Remedies. The remedies available to a Challenger shall be limited to requiring the cancellation of your Domain Name registration or the transfer of your Domain Name registration to the Challenger.
i. Notification. The Center shall notify us and doMEn of any decision made under this Policy with respect to a Domain Name you have registered with us in accordance with the Rules. The outcomes of all administrative proceedings under this Policy shall be published in accordance with the Rules, except as determined otherwise by doMEn with regard to Registry Challenges.
j. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4(a) shall not prevent either party from submitting the dispute to a court of competent jurisdiction for independent resolution. Such submission shall not preclude the Center from processing any challenge.
5. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your Domain Name registration that is subject to this Policy to another holder before the end of the Sunrise Challenge Period and until any challenges brought pursuant to this Policy in relation to this Domain Name have been resolved, except that a transfer may be made to the Challenger in a pending administrative proceeding under this Policy (e.g., in the event of a settlement of the dispute), provided that the Center has decided that the challenge complies with the Sunrise Registration Conditions. Any registration pursuant to such transfer will be subject to the Sunrise Registration Conditions.
b. Changing Registrars. You may not transfer your Domain Name registration that is subject to this Policy to another registrar before the end of the Sunrise Challenge Period and until any challenges brought pursuant to this Policy in relation to this Domain Name have been resolved.
6. Policy Modifications.
doMEn reserves the right to modify this Policy at any time. We will post any revisions of this Policy online at www.domain.me at least seven (7) days prior to its effective date. Unless this Policy has already been invoked by the submission of a challenge to the Center, in which event the version of the Policy in effect at the time it was invoked will apply to you until the challenge has been resolved, all such changes will be binding and apply to all challenges filed on or after the effective date of the modified Policy. In the event that you object to a change in this Policy, your sole remedy is to cancel your Domain Name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your Domain Name registration.
cpr144449003101 The most recent source for this dispute policy can be found at: www.icann.org/en/help/dndr/udrp/policy
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the .its.me registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the .its.me registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN or the .its.me Registry. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
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/en/dndr/udrp/approved-providers.htm (each, a "Provider").
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/en/dndr/udrp/approved-providers.htm (each, a "Provider").
a. 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, that
In the administrative proceeding, the complainant must prove that each of these three elements are present.
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
b. 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:
(i) 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
(ii) 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
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) 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.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. 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 Paragraph 4(a)(ii):
(i) 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
(ii) 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
(iii) 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 issue.
d. 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).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. 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 being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN or the .its.me Registry.
g. Fees. All fees charged by a Provider in connection with 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 by you and the complainant.
h. 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.
i. Remedies. 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.
j. 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.
k. 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 (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) 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.
5. All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
