.mx Domains Dispute & Policy
Dispute Resolution Policy on .MX Domain Names (LDRP)
Last Update 20 August 2012. The most recent source for .mx domains dispute regulations can be found at: www.registry.mx/jsf/static_content/domain/policies_second.jsf?lng=en
1. Dispute resolution procedure.
a. Applicable Disputes.
All the prople who consider affected its rights (promoter) and that wish to ask for the cancellation of the registration or transfer of the ownership of a .MX domain name, agree to submit to the dispute resolution policy on domain names .MX (LDRP) and the respective regulation, before a service provider of dispute resolution authorized by the Registry .MX, made by an independent and impartial group of experts, in the following cases:
All the prople who consider affected its rights (promoter) and that wish to ask for the cancellation of the registration or transfer of the ownership of a .MX domain name, agree to submit to the dispute resolution policy on domain names .MX (LDRP) and the respective regulation, before a service provider of dispute resolution authorized by the Registry .MX, made by an independent and impartial group of experts, in the following cases:
i. the domain name is identical or confusingly similar in respect of a trademark or registered service, registered trade announcement, appellation of origin or reservation of rights on which the petitioner has rights; if and when the holder has developed a pattern of such conduct, or
ii. the registrant has no rights or legitimate interests in the domain name; and
iii. the domain name has been registered or used in bad faith.
b. Evidence of registration or use in bad faith.
The following circumstances, among others, will be evidence of registration or use in bad faith of a domain name:
The following circumstances, among others, will be evidence of registration or use in bad faith of a domain name:
i. Circumstances that indicate that it has been registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the petitioner who is the owner of the trademark or registered service, announcement commercial registered, appellation of origin or reservation of rights, or the competitor of the petitioner, for a value that exceeds the documented costs that are directly related to the domain name; or
ii. has registered the domain name in order to prevent the owner of the trademark or registered services, registered trade announcement, appellation of origin or reservation of rights reflects its name in a corresponding domain name, if and when the holder has developed a pattern of such conduct; or
iii. has registered the domain name primarily for the purpose of disrupting the business of a competitor; or
iv. has used the domain name intentionally to attract for commercial gain, Internet users to a website or any other site online, creating the possibility of confusion with the name of the petitioner in as to the source, sponsorship, affiliation or endorsement of a website or online site or a product or service or any legally protected by copyright notice appearing on the Web site or the site online.
c. Rights and legitimate interests.
It will demonstrate rights and legitimate interests over the domain name when any of the circumstances enunciative but not limited are presented, as follows:
It will demonstrate rights and legitimate interests over the domain name when any of the circumstances enunciative but not limited are presented, as follows:
i. before any notice of dispute, the domain name has been used, or have made demonstrable preparations to use, or a name corresponding to the domain name in connection with a bona fide offering of goods or services, or legally protected by a reservation of rights;
ii. the holder (as an individual, company or any other organization) has been commonly known by the domain name, even when it has now acquired the trademark or service mark of registered trade announcement, apellation of origin or reserved rights; or
iii. there is a legitimate and fair, non-commercial domain name, without intent to divert customers misleadingly or by tarnishing the reputation of ht trademark or registered service, registered trade announcement, appellation of origin or reservation of rights concerned with profit.
d. Initiation cpr144449003101 of the procedure.
The requirements for the initiation and the LDRP procedure policy, as for the selection of an administrative group of experts, which are set out in the Rules of procedure for resolving disputes concerning the abusive registration of .MX domain names (the "Rules") and the Provider's Supplemental Rules, where appropiate. The petitioner shall select the provider from among those authorized by the Registry .MX, transmitting the promoter the dispute resolution of domain names directly to the supplier.
The requirements for the initiation and the LDRP procedure policy, as for the selection of an administrative group of experts, which are set out in the Rules of procedure for resolving disputes concerning the abusive registration of .MX domain names (the "Rules") and the Provider's Supplemental Rules, where appropiate. The petitioner shall select the provider from among those authorized by the Registry .MX, transmitting the promoter the dispute resolution of domain names directly to the supplier.
e. Transfer of ownership during a dispute.
The owner may not transfer the ownership of the domain name during a procedure for resolving disputes concerning .MX domain names (LDRP) pending, initiated in accordance with this policy, the Registry. MX reserves the right to cancel any transfer of ownership of a domain name that infringes the provisions of this paragraph.
The owner may not transfer the ownership of the domain name during a procedure for resolving disputes concerning .MX domain names (LDRP) pending, initiated in accordance with this policy, the Registry. MX reserves the right to cancel any transfer of ownership of a domain name that infringes the provisions of this paragraph.
f. Taxes and fees.
All taxes and fees in connection with any dispute before an administrative group of experts should be paid as established by each supplier.
g. Effects.
The effects available to the petitioner pursuant to any procedure before an administrative group of experts should be limited to:
i. request the cancellation of the domain name registration; or
ii. request the transmission to the promoter of the domain name ownership.
h. Resolutions.
The owner of a .MX domain name, and the promoter agree to abide the decisions of any group of experts, expressly indicated in the Registry .MX as service provider of .MX domain name dispute resolution, and implementation that makes the Registry .MX by the decision dictated by the group of experts.
i. Participation of the Registry .MX in the resolution of disputes.
The owner and the promoter accept and know that the Registry .MX does not participate nor will participate in the administration or conduct of any procedure before a group of experts. In addition, the owner and the petitioner agree and know that the Registry .MX is not responsible for any decision rendered by the administrative panel if not acting in according with their authority, or consequences of their application.
j. Notification and publication.
The provider will notify in spanish language to the Registry .MX any resolution adopted by a group of experts for a domain name. All the decisions adopted under this policy applicable to disputes, will be posted on the Registry .MX website: http://www.registry.mx, except when the group of experts determine, using its sole discretion, that a resolution should not be published.
k. Notice.
The petitioner should immediately notify (postal address of the Registry .MX and to the email: legal@nic.mx) the Registry .MX of any process, initiated in regards a .MX domain name.
2. Policy Modifications.
a. Any changes or updates to the Policies to register a domain name will be published with a notice of 15 days immediately after the date of its entry into force, in the Registry .MX website: http://www.registry.mx, so that the owner reveal what would suit their interest. Once the previous deadline passes, the domain name holder will be bound under these new policies, without requiring the Registry .MX to perform any other publication or notice.
b. Unless it has been submitted an application for a dispute resolution prior to the entry into force of the new(s) version(s) of this Policy, in which case the version of the Policy would be forced at the time of filing the application for a settlement of a dispute, the new(s) version(s) of the Policy will link the holder of the domain name in any dispute over .MX domain name registrations, regardless of whether the events of the dispute has arisen prior to the date of entry into force of change on that date or thereafter.
ANNEX A
Dispute resolution service provider
The Registry .MX states that they are authorized as dispute resolution services providers:
Mediation and Arbitration Center of the World Intellectual Property
Website (http://arbiter.wipo.int/domains/index-es.html).
Fees (http://arbiter.wipo.int/domains/fees/index-es.html).
It is the intention of the Registry .MX to select other dispute resolution service providers in the future.
The English version of this document has no legal value, it is provided solely as a means to facilitate the reading and understanding of the Spanish version, it is not a substitute to the legal validity of the Spanish version. In case of any controversy, the text in the Spanish version shall in all cases apply.
