Domain Name Disputes

Domain Name Disputes Text

Domain Name Disputes: OOBHOST Company

OOBHOST Company and Domain Name Disputes

OOBHOST maintains its expertise and professional approach in domain disputes, preserving customers legal rights and operating within ethical principles. Prioritizing customer satisfaction above all, OOBHOST meticulously handles every situation related to domain disputes, known for its solution-oriented approach. With its extensive experience and expert team, OOBHOST has proven itself in providing comprehensive and effective solutions to all customer needs. Capable of dealing with various and complex situations, OOBHOST works diligently to achieve fair and reliable results on behalf of its customers. OOBHOSTs prominent role in the industry ensures its recognition as a reliable partner in resolving domain disputes.

OOBHOST focuses on resolving domain disputes with a customer-centric approach. By considering customers concerns and demands, OOBHOST addresses the issue with fairness and ethical perspective. Tailoring unique solutions to each customers specific needs, OOBHOST aims to resolve disputes on a fair and balanced platform. The expert team at OOBHOST strives to provide the best solutions to customers by leveraging their technical knowledge and experience. In doing so, OOBHOST not only delivers quality services to customers but also contributes to the resolution of disputes through a fair process.

The expert team at OOBHOST not only provides support to customers in domain dispute processes but also ensures the best possible resolution of the issue by offering effective solutions. Respecting customers rights and fully complying with the law, this expert team demonstrates a professional approach in resolving domain disputes. Handling each dispute with care, our expert team strives to meet our customers expectations while fully complying with legal requirements. Customer satisfaction and legal compliance are the cornerstones of our services, and our expert team is committed to these principles.

OOBHOST addresses domain disputes with the best possible solutions, providing customers with reliable and effective resolutions. The companys fundamental principle is to provide quality service with a customer-centric approach and ensure fair resolution of domain disputes. Continuously striving to offer the best domain solutions to customers with its expert team and industry experience, the companys services are not only solution-oriented but also customer-centric. By offering customized solutions tailored to customers needs, OOBHOST aims to maintain customer satisfaction at the highest level at all times.

ICANN rules and regulations set by the registrar apply to domain name disputes. You can find information and links related to ICANNs Uniform Domain Name Dispute Resolution Policy (UDRP) below.

General Information

All registrars must follow the the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider. To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider (see below for a list and links). Principal Documents The following documents provide details:

· Rules for Uniform Domain Name Dispute Resolution Policy – These rules are followed by all dispute-resolution service providers, with supplementation by each providers supplemental rules.

· Archived Rules – Prior version of Rules in effect for proceedings filed on or before 28 February 2010

· List of Approved Dispute-Resolution Service Providers

· Information Concerning Approval Process for Dispute-Resolution Service Providers

Information on Proceedings Commenced Under the Policy

· List of Proceedings Arranged by Commencement Date

· List of Proceedings Arranged by Proceeding Number

· List of Proceedings Arranged by Domain Name

· Search Tool for the UDRP Proceedings Index (updated daily)

· Search Tool for UDRP Decisions (full-text, updated weekly)

· Statistical Summary of Proceedings

Historical Documents Concerning the Policy Chronology

· Timeline for Development and Implementation of the Policy and Rules

Staff Reports

· Staff Report on Implementation Documents for the Uniform Dispute Resolution Policy (29 September 1999)

· Second Staff Report on Implementation Documents for the Uniform Dispute Resolution Policy (24 October 1999)

Proposed Implementation Documents (form posted for public comment September 29, 1999)

· Draft Uniform Domain Name Dispute Resolution Policy (29 September 1999)

· Draft Rules for Uniform Domain Name Dispute Resolution Policy (29 September 1999)

Public Comments Submitted (comment period September 29-October 13, 1999)

· Public Comment Archive

Document Source:

https://www.icann.org/resources/pages/udrp-2012-02-25-en The documents original source is in English. Additionally, detailed information is provided in the English translation below. Uniform Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999)

1. Purpose.

This Uniform Domain Name Dispute Resolution Policy ("Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection therewith. A dispute between you and any party other than us (the registrar) regarding the registration and use of an Internet domain name registered by you. Proceedings under this Policys 4th Paragraph will be conducted in accordance with the Uniform Domain Name Dispute Resolution Policy Rules ("Procedure Rules") and additional rules of the selected administrative dispute resolution service provider.

2. Your Statements.

By applying for the registration of a domain name or requesting us to maintain or renew a domain name registration, you (a) affirm that the statements made by you in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for any unlawful purpose; and (d) you will not knowingly use the domain name in violation of applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes upon the rights of another party.

3. Cancellations, Transfers, and Changes.

We will cancel, transfer, or otherwise modify domain name registrations under the following circumstances: a. Under the provisions of Paragraph 8, upon receiving written or appropriate electronic instructions from you or your authorized agent to perform such action; b. In any situation where a court or arbitration tribunal with appropriate jurisdiction orders such action; and/or c. Upon the issuance of an Administrative Panel decision requiring such action in any administrative proceeding conducted under this Policy or any subsequent version of this Policy adopted by ICANN. (See paragraphs 4(i) and (k) below.) Additionally, we may cancel, transfer, or otherwise modify a domain name registration pursuant to the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Litigation.

This paragraph sets forth the types of disputes that you must submit to mandatory administrative litigation. These proceedings will be conducted before one of the administrative dispute resolution service providers listed at https://www.icann.org/en/dndr/udrp/approved-providers.htm (each a "Provider").

a. Applicable Disputes.

You are required to submit to mandatory administrative litigation if a third party (a "complainant") asserts, in compliance with the Procedure Rules, 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 the domain name; and (iii) your domain name has been registered and is being used in bad faith. In administrative litigation, the complainant must prove the existence of each of these elements.

b. Evidence of Bad Faith Registration and Use. Paragraph 4

(a) (iii) , the following circumstances, in particular but not limited to these, if found by the Panel, will be evidence of bad faith registration and use of a domain name: (i) circumstances indicating that you have registered or 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 trademark owner 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 online location, by creating a likelihood of confusion with the complainants 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 and Legitimate Interests in Responding to a Complaint.

When you receive a complaint, you should refer to the Procedure Rules to determine how your response should be prepared.

5. Initiation and Processing of Judgment and Appointment of Administrative Panel.

The Procedure Rules specify the process for initiating and conducting a proceeding and appointing the panel that will decide the dispute.

f. Consolidation.

If there are multiple disputes between you and a complainant, you or the complainant may file a petition to consolidate the disputes before a single Administrative Panel. This petition will be submitted to the first Administrative Panel appointed to hear one of the consolidated disputes. This Administrative Panel may, at its sole discretion, consolidate such disputes provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN, and all parties have consented to the consolidation.

g. Fees.

All fees charged by the Provider in connection with any dispute brought before an Administrative Panel under this Policy will be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided for in Paragraph 5(b)(iv) of the Procedure Rules, in which case all fees will be split equally between you and the complainant.

h. Our Participation in Administrative Proceedings.

We will not participate in the administration or conduct of any proceeding before an Administrative Panel, and we will not be liable for any decision rendered by the Administrative Panel.

i. Remedies.

The remedies available to a complainant pursuant to any proceeding before an Administrative Panel will 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 will 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 their entirety on the Internet, except in cases where 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 will not prevent you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before or after such proceeding is completed. If an Administrative Panel decides that your domain name should be cancelled 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 Panels decision before implementing that decision. We will not implement the Administrative Panels decision if, during that ten (10) business day period, we receive written 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 Procedure Rules. (Generally, that jurisdiction is either the location of our principal office or your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Procedure Rules for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panels 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 Lawsuits.

All disputes between you and any party other than us arising out of or relating to your domain name registration will be resolved through any court, arbitration, or other proceeding that may be available between you and such other party.

6. Our Participation in Disputes.

We will not participate in any way in any dispute between you and any party other than us with regard to the registration and use of your domain name. You will not name us as a party or otherwise include us in any such proceeding. If we are named as a party in such a proceeding, we reserve the right to raise any and all defenses deemed appropriate and to take any other action necessary to defend ourselves.

7. Maintenance of the Status Quo.

Except as otherwise provided in Paragraph 3 above, we will not cancel, transfer, activate, deactivate, or otherwise change the registration of any domain name registration under this Policy.

8. Transfers During Dispute.

a. Transfer of Ownership of a Domain Name.

You may not transfer the registration of your domain name to another holder (i) during a pending administrative proceeding brought under Paragraph 4 or for fifteen (15) business days (as observed in the location of our principal office) 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 such transfer of a domain name registration 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 under Paragraph 4 or for fifteen (15) business days (as observed in the location of our principal office) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court proceeding or arbitration, provided that the domain name registration remains subject to the proceedings commenced against you under this Policy. In the event that you transfer a domain name registration to us during a court proceeding or arbitration, such dispute will remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Changes.

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post the revised Policy at least thirty (30) calendar days before it takes effect at [insert URL]. In the event that this Policy has not been invoked by the submission of a complaint to a Provider, the version of the Policy in effect at the time of your invocation will be applicable to you until the dispute is concluded, and all such changes will be binding upon you with respect to any domain name registration dispute arising out of the subject matter of this Policy, whether such dispute arises before, during, or after the effective date of our change to the Policy. If you object to any such changes to the 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 paid by you to us. The revised Policy will be effective for you until you cancel your domain name registration with us.

*This document has been translated using automatic translation tools. Please consider the original document in case of translation errors. Best regards, OOBHOST Company