Political uniform of conflict resolution of generic names of domain

This policy was approved the 26 of August of 1999 by all the official cash registers of ICANN. Also, it has been approved by certain administrations of domain of first geographic level (for example, .un, .tv, .ws). She is of obligatory application between the recorder (or another authority of registry in the case of the domains of first geographic level) and his client (the holder of the name of domain or applicant of registry). Therefore, when in the policy the terms are used “we?, “ours? or the completions of first person of the plural one, one talks about to the recorder; when the terms are used “you? and “his?, it talks about the holder of the domain name.

This document has been translated to several languages as information only. The original and valid text (in English) can be obtained in: http://www.icann.org/en/dndr/udrp/policy.htm

This policy is at the moment in force. In www.icann.org/udrp/udrp-schedule.htm it can obtain data on the execution calendar.

(approved by ICANN the 24 of October of 1999)

1. Object

 

The present uniform policy for the resolution of conflicts in the matter of domain names (in future, the “Policy?) has been approved by the Corporation for the Allocation of Numbers and Names in Internet (in future, “ICANN?, according to its abbreviations in English) and appears as reference in its agreement of registry; in her the conditions settle down to solve the conflicts that can arise between you and a different part (the recorder) on the registry and the use of a domain name name who you have registered. The procedures established by virtue of clause 4 of the present Policy will be carried out in accordance with the Regulation of political the uniform for the resolution of conflicts in the matter of names of domain (in future, the “Regulation?), that can find in http://www.icann.org/es/dndr/udrp/uniform-rules-es.htm, and according to the additional regulation of the supplier of the service of resolution of administrative conflicts selected.

2. Declarations

 

When soliciing the registry of a name of domain or when soliciing from us the maintenance or the renovation of the registry of a domain name, you are declaring and she is guaranteeing to us: (a) that all the declarations that have carried out in the registry agreement are complete and truthful; (b) that, to its loyal one to know and to understand, the registry of this name of domain does not harm nor contravenes of no way the rights of a third party; and (c) that will not use the name domain knowingly failing to fulfill applicable legislation or regulation. It is its responsibility to determine if the registry of its name of domain harms or contravenes the rights of a third party.

3. Cancellations, cessions and modifications

 

We will come to the cancellation, cession or modification of the registries of name of domain in the circumstances that are exposed next:

a. subject to the anticipated thing in clause 8, in case you or your authorized agent make us arrive instructions in writing or in the appropriate electronic form to take to end such measures;

b. in case we receive an order of a court or committee of arbitration, in both cases with competent jurisdiction, by which some of these measures is demanded; and

c. in case we receive a resolution of an administrative jury by whom the adoption of these measures as a result of an administrative procedure is demanded in which you are part and that has been carried out by virtue of the present Policy or of a later version approved by ICANN of this Policy. (The sections (4 is) and (k)) Be seen.
Also, we will be able to cancel, to yield or to modify a registry of name of domain in accordance with the conditions of his agreement of registry or other legal requirements.

4. Obligatory administrative procedure

 

In the present clause the type of conflicts settles down itself in which you will have to be put under an obligatory administrative procedure. This procedure will be carried out before one of the suppliers of services of administrative conflict resolution that appears in http://www.icann.org/dndr/udrp/approved-providers.htm (each of them, a “Supplier?).

a. Applicable conflicts.

It will have to be put under an obligatory administrative procedure in case a third party (the “plaintiff?) affirms before the corresponding supplier, in accordance with the Regulation, the following thing:

(i) that its name of domain is identical, or similar until the point of being able to confuse it, to a brand of products or services on which the plaintiff has right;

(II) that you do not have right or I interest legitimate with respect to the domain name;

(III) that its name of domain has been registered and is being used of bad faith.

In the administrative procedure, the plaintiff will have to try that all the previous elements occur.

b. Test of the registry and use of bad faith

For the purposes of the section 4 (a) (III), the following circumstances, among others, if the jury states them, will constitute sufficient evidence of the registry and use of bad faith of a domain name:

(i) circumstances that they indicate that its primary objective when registering or acquiring the domain name was to sell, to rent or to yield of any other way the registry of this name of domain to the titular plaintiff of the brand of products or services or to a competitor of this plaintiff by a value superior to the direct costs documented directly related to this name of domain;

(II) if you have registered the domain name with the purpose of to avoid that the holder of the brand of products or services reflects the brand in a certain name of domain, as long as you have incurred a conduct of that nature;

(III) if its main target when registering the domain name were to prevent the commercial activity of a competitor; or

(IV) if, when using the domain name, you have tried of deliberate way to attract, with the intention of profit, to users from Internet to its website or another site in line, creating confusion with the brand of the plaintiff as far as the origin, sponsorship, affiliation or promotion of its website or its site in line or of a product or service in its website or site in line.

c. How to demonstrate to its rights and their legitimate interests on the name of domain when responding to a demand.

When it receives a demand, it consults to clause 5 of the Regulation to determine how it must prepare his answer. Anyone of the circumstances that are exposed next, among others, will serve as it proves of his rights or legitimate interests on the name of domain for the purposes of the section 4 (a) (II), as long as the group of experts considers them proven after the evaluation of the tests that have appeared:

(i) before receiving the notification of the demand, you have used, or has carried out preparatory demonstrable to use the name of domain or a name corresponding to the name of domain in relation to a supply of good faith of products or services;

(II) you (as individual, company or another organization) are met commonly by the domain name, although she has not acquired the corresponding rights name brand;

(III) you are making noncommercial a legitimate use or a loyal use of the domain name, without intention to confuse the consumers or to dim the brand of products or services at issue with the intention of profit.

d. Selection of the supplier.

The plaintiff will select to the supplier between the approved ones by ICANN by means of the shipment of the demand to this supplier. The selected supplier will transact the procedure, except in the described cases of consolidation in section 4 (f).

e. Beginning of the procedure and appointment of the administrative jury.

In the Regulation the process for the beginning and instruction of the procedures, as well as for the appointment of the jury settles down who will be in charge to solve the conflict (the “administrative jury?).

f. Consolidation.

In case multiple conflicts between you and the plaintiff exist, either it will be able to ask for the consolidation of all the litigations before an only administrative jury. This request will be attended before the first administrative jury appointed to take care of a conflict between the parts. This administrative jury will be able to concentrate before himself, to his total discretion, all these conflicts, as long as the consolidated conflicts are hereby in force Political or by a later version of they present it Policy approved by ICANN.

g. Rates and honoraria.

All the rates loaded by a supplier in relation to a conflict before an administrative jury in accordance with the present Policy will be paid by the plaintiff, except in case you decide to enlarge the jury of one to three members as she settles down in section 5 (b) (IV) of the Regulation, in which case the rates will equitably distribute between you and the plaintiff.

h. Participation of the recorder in the administrative procedures.

The recorder, that is to say, we, did not participate nor will participate in the administration or instruction of any procedure before an administrative jury. In addition, we will not assume any responsibility by the resolutions that the jury dictates.

i. Legal resources.

The resources available for the plaintiff in a procedure before a jury will be limited to demand the cancellation of the name of domain that you own or to the cession to the plaintiff of the registry of this name of domain.

j. Notification and publication.

The supplier will have to notify to the recorder any resolution dictated by an administrative jury with respect to any name of domain that you have registered before recording saying. All the resolutions adopted by virtue of the present Policy will be published completely in Internet, except when the administrative jury decides of exceptional way to abstract his resolution.

k. Judicial procedures.

The requirements established in clause 4 for the obligatory administrative procedure do not prevent that you or the plaintiff puts under the conflict a competent court to obtain an independent resolution, before this obligatory administrative procedure is begun or after finalizes. If an administrative jury solves that the registry of its name of domain must be cancelled or be yielded, before executing the resolution, we will hope ten (10) days workable (according to the calendar of the place where is our main office) after to be informed by the competent supplier of the resolution of the jury. Passed this term we will execute the resolution, unless in that term of ten (10) workable you have made us arrive some official document (for example, the copy of the demand sealed by the official of the court) by which demonstrates that she has presented a judicial demand against the plaintiff in a jurisdiction with competition on the plaintiff in accordance with section 3 (b) (XIII) of the Regulation. (Generally, this jurisdiction usually is either the corresponding one to the one of the address of our main office or to the one of the address that appears to its name in the data base “WHOIS?. Sections 1 and 3 be seen (b) (XIII) of the Regulation to obtain more details). If we received such documentation in the indicated term of ten (10) days workable, we will not execute the resolution of the administrative jury, and we will not undertake any action more until we have received: (i) satisfactory tests that one has reached a solution between the parts; (II) satisfactory tests that the demand has been rejected or retired; or (III) a copy of a dictated order by this court by whom the demand misestimates or by that the right is denied to him to continue using this name of domain.

5. Other conflicts and litigations

 

All those conflicts that arise between you and another part different with respect to the registry from their name of domain which they do not adjust to the dispositions of the obligatory administrative procedure of clause 4, will be solved between you and this third part by means of action before a court or committee of arbitration or by means of any other procedure available.

6. Participation of the recorder in the conflicts

 

We will not participate in any way in any conflict that can arise between you and one third part different as far as the registry and use from his name of domain. It will not name us as it starts off nor it includes to us of no way in this procedure. In case we are named part of this procedure, we reserved the right to present all the allegations that we consider appropriate and to undertake any other necessary action for our defense.

7. Maintenance of the legal condition

 

We will not cancel, we will yield, activate, deactivate nor modify of no other way the legal condition of any registry of name of domain by virtue of the present Policy, with the exception of the anticipated thing in clause 3.

8. Cessions during a conflict

 

a. Cessions of a name of domain to a new holder

You will not be able to yield his registry of name of domain to another holder: (i) while he is pending a begun administrative procedure by virtue of clause 4 nor during a period of fifteen (15) days workable (according to the calendar of the place where is our main office) once concluded this procedure; (II) while he is pending a judicial or by arbitration procedure regarding his name of domain, unless the part to which it is going away to yield the registry of the domain name decides in writing to be put under the resolution that to such court or committee of arbitration dictates. We reserved the right to cancel all that one cession of the registry of a name of domain to another holder who represents a violation of the settled down thing in the present section.

b. Cash register change.

It will not be able to transfer the registry of a name of domain to another recorder while he is pending a begun administrative procedure by virtue of clause 4 nor during a period of fifteen (15) days workable (according to the calendar of the place where is our main office) once concluded this procedure. You will be able to transfer the administration of the registry of a name of domain to another recorder during a judicial procedure or by arbitration, as long as the domain name that you have registered before us continues being subject the procedure begun against you in accordance with the conditions of this Policy. In case the registry of a domain name is transferred us being pending a judicial or by arbitration procedure, the conflict at issue will continue being put under the policy of conflicts in the matter of domain names that apply the recording origin of such transference.

9. Modification of the Policy

 

We reserved the right at any time to modify the present Policy with the ICANN authorization. We will in force publish the text of the Policy modified in <URL> at least thirty (30) days before his entrance. Unless or a demand has appeared before a Supplier in which this Policy is invoked, in which case it will be applied, until the conflict has been solved, the version of the Policy that was in force at the time of being invoked, all the modifications introduced in this Policy will be binding for you and they will be applied in any conflict in the matter of registries of domain name, independent of the fact that this conflict has arisen before, during or after the date of entrance in force of the modifications. In case one is against to some modification introduced in this Policy, the only repair to which will have right will be the cancellation of the registry of the domain name and it will not have right to the return of the rates that has paid to us. In addition, the modified version of the Policy will be applied until it cancels the registry of his name of domain.