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.travel FAQ

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FAQs for .travel Travel Transport Domains Domains


.travel Domains Dispute & Policy

Last Update 20 August 2012. The most recent source for .travel domains dispute resolution can be found at: www.travel.travel/index.php/denials-disputes/

General

There are no priorities or privileges in name registration in the .travel TLD. All eligible registrants are entitled to registration of any name they select and to which is not already registered or reserved. The first registration in time is the only source of priority, subject to the application of the formal dispute resolution policies under the Registry Agreement with ICANN.

The parties to a dispute under CEDRP and UDRP pay their own costs. Costs of these procedures are determined by World Intellectual Property Organization (WIPO) and not by the .travel TLD, the Registry or the Registry. Disputes handled by the Registry or by TTPC are conducted at no cost to the applicant since these disputes are only in cases of denial of eligibility.

Categories of Disputes

There are four types and categories of disputes each with an appropriate dispute policy:

Complaints over denial of eligibility that are handled informally by the Registry alone;

Complaints over denial of eligibility that are handled informally by The Travel Partnership Corporation (TTPC); Disputes by any party that a registrant is not eligible for a .travel domain name that are handled under the ICANN Charter Eligibility Dispute Resolution Policy (CEDRP); and

Disputes by any party that a registrant is has registered a name that is identical or confusingly similar to a trademark or service mark in which the claimant has rights, and that the registrant has no rights or legitimate interests in the domain name, and that the domain name has been registered and is being used in bad faith, that are handled under ICANN's Uniform Dispute Resolution Policy (UDRP).

1. Denial of Eligibility and Informal Resolution

It is the role of the Registry to assist its community to avoid disputes that can become costly and time-consuming. The .travel Registry anticipates that disputes over name eligibility and selection will be minimal within the travel community; therefore it has put in place an informal procedure to assist the travel community in dealing with denials of eligibility in a way that supports community needs and values. The .travel informal denial procedures will not supersede any formal dispute procedures.

When authentication is denied, all applicants will be informed that they have 30 days to request the staff of the Registry to review their application and the reasons for denial. Such request must be made in writing and will carry no cost.

Upon receipt of such a request for review the Registry will inform the applicant of any documents or supporting material that may be useful in carrying out the review. The applicant is under no obligation to provide additional material but in the event that they refuse such material their review will terminate. In the event that the informal staff review continues it will be completed as soon as possible following the date on which all material has been provided.

If the staff decision is to continue to deny eligibility there are no further review procedures available. A denial of eligibility will be recorded against the applicant's name and they will not be entitled to register a domain name until their circumstances have changed such that their eligibility is confirmed in the usual manner. Please contact denialreview@tralliance.travel.

2. Denial of Name Registration and TTPC-Review

When an applicant has been denied registration they have 30 days to apply in writing for an informal review by a panel of TTPC reviewers. The TTPC review will:

Be held by a panel of 3 members who are selected by TTPC alone. Review all application documentation including any material reviewed by staff in an informal review but in no case will the panel be limited to such material and they may require further material. In the event that the applicant refuses any material required by the panel the review will end and the name will be denied. Be completed within 30 days following the date of formal request. A decision by the panel that the applicant is eligible and authorized will be conveyed to the Registry and the appropriate registrar and the applicant will be entitled to apply to register any name.

Registration is not guaranteed and continues to be based on the first-come, first-served policy.

A decision by the panel that the applicant is not eligible to register the .travel domain name(s) is final.

In the event that an applicant's circumstances have changed and it considers itself to be eligible it may request a review of name eligibility prior to making a future application for name registration.

Please submit your denial review appeals to denials@ttpc.org.

3. Disputes under CEDRP

In cases where any party disputes the eligibility of a registrant to register a .travel name the .travel Registry will not be a party to the dispute or assist in its resolution. Such disputes are expressly covered by ICANN CEDRP and handled by WIPO.

Anyone who has questions regarding dispute resolution under the CEDRP or the UDRP can send these questions to arbiter.mail@wipo.int or call our general telephone number at +41 22 338 8247 or log on to http://arbiter.wipo.int/domains/gtld/travel. The current .travel CEDRP rules may be found here.

4. Disputes under UDRP

When a registrant registers a domain name that is identical or confusingly similar to a trademark or service mark in which the someone has rights, and the registrant has no right or legitimate interests in the domain name, and the domain name has been registered and is being used in bad faith, mandatory administrative proceedings can be initiated by a trademark holder by filing a complaint with an approved dispute resolution service provider.

The role of .travel Registry in this situation is only to provide information on the steps to be taken for dispute resolution, provide all information on the dispute that is available and terminate any further direct involvement and contact with the parties in dispute, other than to facilitate any subsequent decision made by a UDRP proceeding.

Administrative proceedings for the resolution of disputes under the UDRP will be governed by WIPO procedures and also by any of it's supplemental rules, as posted on its website.

For .travel UDRP process please log on to http://arbiter.wipo.int/domains/gtld/travel.

Action by .travel Registry following CEDRP/UDRP Decisions

.travel Registry will make any changes, transfers or adjustments as have either been agreed to by both parties or ruled upon by formal dispute resolution bodies.

Direction to take such action must be provided to .travel Registry in writing from officers of both organizations in dispute or by the presiding officer of the formal body that has made a binding decision in the dispute.

.travel Registry reserves the right to assess additional fees against the parties in the dispute to cover the cost of lengthy or time-consuming involvement in the dispute.

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 .travel 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 cpr144449003101 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:
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 .travel 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").
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
(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.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
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 .travel 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.
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.
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.
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.


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