Arbitration of Domain Name Disputes

1. Excluding attachments, the complaint shall not exceed ten (10) pages. National Arbitration Forum Supplemental Rule (hereafter "Supp. Rule") 4.a.

2. Include a request that the complaint be submitted for decision in accordance with the Uniform Domain Name Dispute Resolution Policy and Rules. ICANN Rules for Uniform Domain Name Resolution Policy (hereafter "Rule") Rule 3(b)(i).

3. Include the name, postal address, e-mail address, telephone and facsimile numbers of the Complainant. The complaint must also include the name of the representative who is authorized to act for the Complainant in the proceeding. Rule 3(b)(ii).

4. Specify the preferred method for communicating with the Complainant. This shall specifically state the person to be contacted, the medium for contact and the address information. The complaint shall include this information for electronic transmission and hard copies. Rule 3(b)(iii).

5. Designate whether the Complainant requests one arbitrator or a panel of three arbitrators.

If the complainant requests a one-member panel, the complainant shall submit three (3) copies of the complaint to the National Arbitration Forum. Supp. Rule 4.b

When a one-member panel is requested, the National Arbitration Forum shall appoint a neutral and impartial arbitrator. Rule 6(b).

If Complainant opts for a three-member panel, the Complainant must provide names and contact information for three (3) candidates, one of which will serve as a panel member. These candidates may be chosen from any ICANN approved provider*s list of potential panelists. Rule 3(b)(iv). The other two panelists shall be selected in accordance with Rule 6(e).

If the complainant requests a three-member panel, the complainant shall submit five

(5) copies of the complaint. For three-member panels, the complainant may be asked to submit additional copies of the complaint

6.Provide the name of the Respondent (domain name holder), including the postal address, e-mail address, telephone and facsimile numbers, and any other contact information available to Complainant which will allow the National Arbitration Forum to send the complaint in compliance with Rule 2(a). Rule 3(b)(v).

7. Specify the domain name that is the subject of the complaint. If more than one domain name is in dispute, all may be included in one complaint. Rule 3(b)(vi).

8. Identify with whom the domain name(s) are registered at the time the complaint is filed. Rule 3(b)(vii).

9. Specify the trademark(s) or service mark(s) upon which the complaint is based. For each mark, the goods and services with which the mark is used must be described. The Complainant may also describe other goods and services with which it intends (at the time the complaint is submitted) to use the mark in the future. Rule 3(b)(viii).

10.Describe the grounds on which the complaint is made. In particular, the complaint must describe:

1. the manner in which the domain name(s) are identical or confusingly similar to a trademark or service mark in which the Complainant has rights, and

2.why the Respondent should be considered as having no rights or legitimate interests in the domain name(s), and

3.why the domain name(s) should be considered as having been registered and used in bad faith.

11.For elements (2) and (3) above, the description should include a discussion of the ICANN

"Uniform Domain Name Dispute Resolution Policy" (http://www.icann.org/udrp/udrp-policy-24oct99.htm) (hereafter "Policy") paragraphs 4(b) and 4(c) if applicable. Rule 3(b)(ix).

Policy paragraphs 4(b) and 4(c) provide as follows: :

4. Mandatory Administrative Proceeding.

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.

12. Specify the remedies sought. The Policy limits the remedies available to cancellation of the domain name or transferring the domain name registration to the complainant. Rule 3(b)(x), Policy Paragraph 4(i).

13. Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain names that are the subject of the complaint. Rule 3(b)(xi).

14. State that a copy of the Complaint, together with the "Complaint Transmittal Sheet" (available on the National Arbitration Forum*s web site), has been sent or transmitted to the Respondent in accordance with Rule 2(b). Rule 3(b)(xii).

15. State that the Complainant will submit to the jurisdiction of the courts in only one specified jurisdiction, if any challenge is made to a decision in the arbitration proceeding. Rule 3(b)(xiii).

16.Conclude with the following statement followed by the signature of the Complainant or its authorized representative:

"Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute*s resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the National Arbitration Forum and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees and agents.

Complainant certifies that the information contained in this Complaint is to the best of Complainant*s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint 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."

Rule 3(b)(xiv).

17. Attach any documents or other evidence, including a copy of the Policy applicable to the domain name(s) in dispute and any trademark or service mark registration upon which the complaint relies, together with a table of contents of the evidence. Rule 3(b)(xv).

18. Include the appropriate fee in accordance with the National Arbitration Forum*s Supplemental Rules and Fee Schedule. Rule 19 below:

Number of Dispute Domain Names	One Arbitrator Panel	Three Arbitrator Panel
1	$750	$2250
2	$1000	$3000
3	$1250	$3750
4 or more	$1,250 plus $150 for each disputed domain name greater than 3	$3,750 plus $600 for each disputed domain name greater than 3

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