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Domain Dispute Response

Disclaimer: this Model Response is provided for educational purpose ONLY and should not be relied upon by an individual or entity in responding to NAF Complaint without consulting a qualified attorney. There is NO attorney-client relationship by providing this exemplary response nor do we guarantee the veracity of this information — that is, this information could be wrong.  DO NOT RELY ON THIS INFORMATION.


BODY OF RESPONSE

[1.] Respondent received a Notification of Complaint and Commencement of Administrative Proceeding on [enter the date on which the Notification of Complaint and Commencement of Administrative Proceeding was received]. The Notification stated that Complainant had submitted a Complaint for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 and approved by ICANN on October 24, 1999 (ICANN Policy), and the Rules for Uniform Domain Name Dispute Resolution Policy (ICANN Rules), adopted by ICANN on August 26, 1999 and approved by ICANN on October 24, 1999, and the National Arbitration Forum (NAF) Supplemental Rules (Supp. Rules). ICANN Rule 4.

[2.] RESPONDENT INFORMATION

[a.] Name: [enter full name of Respondent – should be same as “Registrant”]

[b.] Address: [enter mailing address]

[c.] Telephone: [enter telephone number]

[d.] Fax: [enter facsimile number]

[e.] E-Mail: [enter e-mail address]

[Provide the same information for Respondent’s authorized representative in the administrative proceeding.] ICANN Rule 5(b)(ii).

The Respondent’s preferred method for communications directed to the Respondent in the administrative proceeding: ICANN Rule 5(b)(iii).

Electronic-Only Material

[a.] Method: [i.e. e-mail]

[b.] Address: [enter one email address only]

[c.] Contact: [enter name of one contact person]

Material Including Hard Copy

[a.] Method: [i.e. fax, post]

[b.] Address/Fax: [enter one address or fax number only]

[c.] Contact: [enter name of one contact person]

[In this section, you may respond to any allegations made by Complainant regarding Forum Supplemental Rule 1(d).]

The Respondent chooses to have this dispute heard before a [enter one: a) single-member administrative panel as stated in the Complainant’s Complaint; or b) three-member administrative panel as stated in the Complainant’s Complaint; or c) three-member panel, even though the Complainant has chosen a single-member panel.] ICANN Rule 5(b)(iv).

[If Complainant has elected to have this dispute heard before a three-member panel, provide the names and contact details of three candidates from any ICANN-approved Provider’s list of panelists to serve as one of the panelists.] ICANN Rule 5(b)(v).

[If Complainant has elected to have this dispute heard before a single-member panel and Respondent elects to have the dispute heard before a three-member panel, 1) provide the names and contact details of three candidates from any ICANN-approved Provider’s list of panelists to serve as one of the panelists and 2) submit the fee required pursuant to ICANN Rules 5(c); 6(c).]

[3.] RESPONSE TO FACTUAL AND LEGAL ALLEGATIONS MADE IN COMPLAINT

This Response specifically responds to the statements and allegations contained in the Complaint and includes any and all bases for the Respondent to retain registration and use of the disputed domain name. ICANN Rule 5(b)(i). [The analysis in this section may require more space than provided, but the entire Complaint shall not exceed fifteen (15) pages. NAF Supp. Rule 5(a).]

[Elements of the UDRP are as follows:]

[a.] [Specify in the space below the manner in which the domain name(s) is not/are not identical or confusingly similar to a trademark or service mark in which the Complainant has rights.] ICANN Rule 3(b)(ix)(1); ICANN Policy ¶ 4(a)(i).

[b] [Specify in the space below why the Respondent (domain-name holder) should be considered as having rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint.] ICANN Rule 3(b)(ix)(2); ICANN Policy ¶ 4(a)(ii).

[The Panel may consider any relevant aspects included in, but not limited to ICANN Policy ¶ 4(c):

(i.) Whether, before any notice to the Respondent of the dispute, Respondent’s use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name is in connection with a bona fide offering of goods or services; or

(ii.) Whether Respondent (as an individual, business, or other organization) has been commonly known by the domain name, even if Respondent has not acquired trademark or service mark rights; or

(iii.) Whether Respondent is 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.]

[c.] [Specify in the space below why the domain name(s) should not be considered as having been registered and being used in bad faith.] ICANN Rule 3(b)(ix)(3); ICANN Policy ¶ 4(a)(iii).

[The Panel may consider any relevant aspects included in, but not limited to ICANN Policy ¶ 4(b):

(i.) Whether there are circumstances indicating that Respondent has registered or has 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 Respondent’s documented out-of-pocket costs directly related to the domain name; or

(ii.) Whether Respondent has 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 Respondent has engaged in a pattern of such conduct; or

(iii.) Whether Respondent has registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv.) Whether by using the domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s 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 Respondent’s web site or location or of a product or service on Respondent’s web site or location.]

[4.] OTHER LEGAL PROCEEDINGS

[Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Complaint.] ICANN Rule 5(b)(vi).

[5.] RESPONSE TRANSMISSION

The Respondent asserts that a copy of the Response, as prescribed by NAF’s Supplemental Rules, has been sent or transmitted to the Complainant, in accordance with ICANN Rule 2(b). ICANN Rule 5(b)(vii); NAF Supp. Rule 5.

[6.] The Respondent respectfully requests that the Administrative Panel denies the remedy requested by the Complainant.

[If appropriate and the allegation can be substantiated with evidence, the Rules provide that a Respondent may ask the Panel to make a finding of reverse domain-name hijacking.] ICANN Rule 15(e).

[7.] CERTIFICATION

Respondent certifies that the information contained in this Response is to the best of Respondent’s knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.

Respectfully Submitted,

___________________

[Signature]

___________________

[Name]

___________________

[Date]

[Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents] ICANN Rule 5(b)(ix).

[The Response, not including annexed material, shall not exceed ten (10) pages.] NAF Supp. Rule 5(a).

[The Respondent shall submit three (3) copies of the Response, including annexed material, to the National Arbitration Forum if the Complainant requested a single-member panel. If the Complainant or Respondent requested a three (3) member panel, the Respondent shall submit five (5) copies of the Response, including annexed material, to the National Arbitration Forum.] NAF Supp. Rule 5(b).

Last Modified: December 5th, 2009