Complaint transmittal coversheet




Yüklə 49.31 Kb.
tarix28.02.2016
ölçüsü49.31 Kb.
COMPLAINT TRANSMITTAL COVERSHEET

Attached is a Complaint that has been filed against you with the WIPO Arbitration and Mediation Center (the Center) pursuant to the Domain Name Dispute Resolution Policy for .TM (the Policy).

The Policy is incorporated by reference into your Registration Agreement with NIC.TM. Accordingly, when you registered your domain name(s) you also agreed to submit to and participate in a mandatory administrative proceeding in the event that a third party (a Complainant) submits a complaint to the Center concerning a domain name that you have registered. You will find the name and contact details of the Complainant, as well as the domain name(s) that is/are the subject of the Complaint in the document that accompanies this Coversheet.

You have no duty to act at this time. Once the Center has checked the Complaint to determine that it satisfies the formal requirements of the Policy, the Rules for Domain Name Dispute Resolution Policy for .TM (the Rules) and the Center’s Supplemental Rules for Domain Name Dispute Resolution Policy for .TM (the Supplemental Rules), and it has received the required payment from the Complainant, it will forward an official copy of the Complaint to you. You will then have 20 calendar days within which to submit a Response to the Complaint in accordance with the Rules and Supplemental Rules to the Center and the Complainant. Should you so desire, you may wish to seek the assistance of legal counsel to represent you in the administrative proceeding.

The Domain Name Dispute Resolution Policy for .TM can be found at http://www.nic.TM/dres.html

The Rules for the Domain Name Dispute Resolution Policy for .TM can be found at http://www.nic.TM/dresRules-print.html

The Center's Supplemental Rules for Domain Name Dispute Resolution Policy for .TM can be found at http://www.nic.TM/dresSupRules-print.html

A model Response can be found at http://www.wipo.int/amc/en/docs/response-tm.doc

Alternatively, you may contact the Center to obtain any of the above documents. The Center can be contacted in Geneva, Switzerland by telephone at +41 22 338 82 47, by fax at +41 22 740 3700 or by e-mail at domain.disputes@wipo.int.

You are kindly requested to contact the Center to provide the contact details to which you would like (a) the official version of the Complaint and (b) other communications in the administrative proceeding to be sent.

A copy of this Complaint has also been sent to NIC.TM with which you have registered the domain name(s) that are identified in the Complaint.

By submitting this Complaint to the Center the Complainant hereby agrees to abide and be bound by the provisions of the Policy, the Rules and the Supplemental Rules.





Before the:

WORLD INTELLECTUAL PROPERTY ORGANIZATION

ARBITRATION AND MEDIATION CENTER

[NAME AND ADDRESS OF COMPLAINANT]
(Complainant)


-v-




Disputed Domain Name[s]:

[NAME AND ADDRESS OF RESPONDENT]
(Respondent)


[]

________________________________

COMPLAINT


(Rules, para. 3(b))

I. Introduction
[1.] This Complaint is hereby submitted for decision in accordance with the Domain Name Dispute Resolution Policy for .TM (the Policy), adopted by NIC.TM, the Rules for Domain Name Dispute Resolution Policy for .TM (the Rules), adopted by NIC.TM and the WIPO Supplemental Rules for Domain Name Dispute Resolution Policy for .TM (the Supplemental Rules).
II. The Parties
A. The Complainant

(Rules, para. 3(b)(ii) and (iii))


[2.] The Complainant in this administrative proceeding is [provide full name and, if relevant, legal status, place of incorporation and principal place of business].
[3.] The Complainant’s contact details are:
Address: [Specify mailing address]

Telephone: [Specify telephone number]

Fax: [Specify fax number]

E-mail: [Specify e-mail address]


[If there is more than one Complainant, provide the above information for each, describe the relationship between the Complainants and why each Complainant has a sufficient common interest in the domain name(s) in issue for a joinder to be permissible.]
[4.] The Complainant’s authorized representative in this administrative proceeding is:
[If relevant, identify authorized representative and provide all contact details, including postal address, telephone number, fax number, e-mail address; if there is more than one authorized representative, provide contact details for each.]
[5.] The Complainant’s preferred method of communications directed to the Complainant in this administrative proceeding is:
Electronic-only material

Method: e-mail

Address: [Specify one e-mail address]

Contact: [Identify name of one contact person]


Material including hardcopy

Method: [Specify one: fax, post/courier]

Address: [Specify one address, if applicable]

Fax: [Specify one fax number]

Contact: [Identify name of one contact person]

B. The Respondent

(Rules, para. 3(b)(v))


[6.] According to [indicate why the person/entity identified in the Complaint has been identified as the Respondent, e.g., the registry’s Whois database. (Information about the registry can be found on the NIC.TM database at http://www.nic.tm/new.html)], the Respondent in this administrative proceeding is [identify Respondent (the domain name holder), including full name, and if relevant, legal status, place of incorporation and principal place of business, or residence)]. Copies of the printout of the database search[es] conducted on [date] are provided as Annex [Annex number].
[7.] All information known to the Complainant regarding how to contact the Respondent is as follows:
[Provide all contact details (postal address, telephone number, fax number, email addresses) for the Respondent, including those that may have been used successfully in the course of pre-complaint dealings and those available from any Whois look-up service.]
[If there is more than one Respondent, provide the contact details for each Respondent and describe the relationship between them, which justifies them being named in a common complaint.]


III. The Domain Name[s]

(Rules, para. 3(b)(vi))

[8.] This dispute concerns the domain name[s] identified below:



[Identify precisely the domain name(s) in issue.]


IV. Jurisdictional Basis for the Administrative Proceeding

(Rules, paras. 3(a), 3(b)(xiv)

[9.] This dispute is properly within the scope of the Policy and the Administrative Panel has jurisdiction to decide the dispute. The registration agreement, pursuant to which the domain name[s] that [is/are] the subject of this Complaint [is/are] registered, incorporates the Policy. [If relevant, indicate when the domain name(s) (was/were) registered and specify the provision of the registration agreement that makes the Policy applicable to the domain names(s).] A true and correct copy of the domain name dispute policy that applies to the domain name[s] in question is provided as Annex [Annex number] to this Complaint.



V. Factual and Legal Grounds

(Policy, paras. 4(a), (b), (c); Rules, para. 3)


[In completing this Section V., do not exceed the 5000 word limit: Supplemental Rules, para. 10(a). Relevant documentation in support of the Complaint should be submitted as Annexes, with a schedule indexing such Annexes. Copies of case precedents or commentaries that are referred to for support should be referred to with complete citations and, if not voluminous, submitted as Annexes.]
[10.] This Complaint is based on the following grounds:
A. The domain name[s] [is/are] identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

(Policy, para. 4(a)(i), Rules, paras. 3(b)(vii), (b)(viii)(1))




  • [In accordance with Rules, para. 3(b)(vii), specify the trademark(s) or service mark(s) on which the Complaint is based and, for each mark, describe the goods or services, if any, in connection with which the mark is used. A separate description may also be given of the goods or services with which the Complainant intends to use the mark in the future. If applicable, attach copies of the registration certificates for the relevant marks.]




  • [In accordance with Rules, para. 3(b)(viii)(1), describe the manner in which the domain name(s) (is/are) identical or confusingly similar to a trademark or service mark in which the Complainant has rights.]


B. The Respondent has no rights or legitimate interests in respect of the domain name[s];

(Policy, para. 4(a)(ii), Rules, para. 3(b)(viii)(2))




  • [In accordance with Rules, para. 3(b)(viii)(2), describe why the Respondent should be considered as having no rights or legitimate interests in respect of the domain name(s) that (is/are) the subject of the Complaint. Attention should be paid to any relevant aspects of the Policy, para. 4(c), including:


- Whether before any notice to the Respondent of the dispute, there is any evidence of the Respondent’s use of, or demonstrable preparations to use, the domain name(s) or a name corresponding to the domain name(s) in connection with a bona fide offering of goods or services;
- Whether the Respondent (as an individual, business, or other organization) has been commonly known by the domain name, even if the Respondent has acquired no trademark or service mark rights;
- Whether the Respondent is making a legitimate non commercial or fair use of the domain name(s), without intent for commercial gain misleadingly to divert consumers or to tarnish the trademark or service mark at issue.]
C. The domain name[s] [was/were] registered or [is/are] being used in bad faith.

(Policy, paras. 4(a)(iii), 4(b); Rules, para. 3(b)(viii)(3))




  • [In accordance with Rules, para. 3(b)(viii)(3), describe why the domain name(s) should be considered as having been registered or used in bad faith by the Respondent. Attention should be paid to any relevant aspects of the Policy, para. 4(b), including:


- Circumstances indicating that the domain name(s) (was/were) registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration(s) to the owner of the trademark or service mark (normally the Complainant) or to a competitor of that Complainant, for valuable consideration in excess of the Respondent’s out-of-pocket costs directly related to the domain name(s); or
- Whether the domain name(s) (was/were) registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the Respondent has engaged in a pattern of such conduct; or
- Whether the domain name(s) (was/were) registered primarily for the purpose of disrupting the business of a competitor; or
- Whether by using the domain name(s), the Respondent intentionally attempted to attract for commercial gain, Internet users to the 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 the Respondent’s web site or location or of a product or service on the Respondent’s web site or location.]


VI. Remedies Requested

(Rules, para. 3(b)(ix))

[11.] In accordance with Paragraph 4(h) of the Policy, for the reasons described in Section V above, the Complainant requests the Administrative Panel appointed in this administrative proceeding [choose one per domain name: “issue a decision that be transferred to the Complainant” / “be cancelled”.]



VII. Administrative Panel

(Rules, para. 3(b)(iv))


[12.] The Complainant elects to have the dispute decided by a [choose one: “single-member Administrative Panel” / “three-member Administrative Panel”].

[ ] [If a three-member Administrative Panel is designated, the names of three persons must be provided, one of whom the Center shall attempt to appoint to the Administrative Panel in accordance with Para. 6 of the Rules and Para. 7 of the Supplemental Rules. The names of the nominees may be taken from the Center’s published list of panelists at http://www.wipo.int/amc/en/domains/panel/panelists.html.]


VIII. Mutual Jurisdiction

(Rules, paras. 1 and 3(b)(xii))

[13.] In accordance with Paragraphs 1 and 3(b)(xii) of the Rules, the Complainant will submit, with respect to any challenges that may be made by the Respondent to a decision by the Administrative Panel to transfer or cancel the domain name[s] that [is/are] the subject of this Complaint, to the jurisdiction of the courts at [choose one of the following:



(a) “the location of the principal office of NIC.TM.” (or)

(b) “the location of the domain name holder’s address, as shown for the registration of the domain name(s) in NIC.TM’s Whois database at the time the complaint is submitted to the Center.” (or)

(c) “the location of the principal office of NIC.TM AND the domain name holder’s address, as shown for the registration of the domain name(s) in NIC.TM’s Whois database at the time the complaint is submitted to the Center.”

A Mutual Jurisdiction election must be made for each domain name that is the subject of the Complaint.]

IX. Other Legal Proceedings

(Rules, para. 3(b)(x))


[14.] [If any, identify other legal proceedings that have been commenced or terminated in connection with or relating to the domain name(s) that (is/are) the subject of the Complaint and summarize the issues that are the subject of (that/those) proceeding(s).]


X. Communications

(Rules, paras. 2(b), 3(b)(xi); Supplemental Rules, paras. 3, 4)

[15.] A copy of this Complaint, together with the cover sheet as prescribed by the Supplemental Rules, has been sent or transmitted to the Respondent on [date] by [indicate method(s) of communication and contact details used, with reference to Rules, para. 2(b)].

[16.] A copy of this Complaint has been sent or transmitted to the registry.
[17.] This Complaint is submitted to the Center in electronic form (except to the extent not available for annexes), and in four (4) sets together with the original.


XI. Payment


(Rules, para. 19; Supplemental Rules, Annex C)
[18.] As required by the Rules and Supplemental Rules, payment in the amount of USD [amount] has been made by [method]. (Payment by credit card should be made using the WIPO Center's secure online payment facility. For any payment-related queries or difficulties, please contact the WIPO Center Secretariat on (+41 22) 338 8247, or email the WIPO Center at arbiter.mail@wipo.int).


XII. Certification

(Rules, para. 3(b)(xiii))

[19.] The Complainant agrees that its claims and remedies concerning the registration of the domain name[s], 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 WIPO Arbitration and Mediation Center and Panelists, except in the case of deliberate wrongdoing, and (b) NIC.TM.


[20.] The Complainant certifies that the information contained in this Complaint is to the best of the 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.
Respectfully submitted,

___________________



[Name/Signature]
Date: ______________

  1. List of Annexes


(Rules, para. 3(b)(xiv))
[1.
2.
3. etc.]



Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə