Attached is a Complaint that has been filed against you with the WIPO Arbitration and Mediation Center (the Center) pursuant to the .au Domain Name Dispute Resolution Policy (the auDRP) adopted by the Board of .au Domain Administration Ltd. (auDA) on August 13, 2001.
The Policy is incorporated by reference into your Registrant Agreement with the Registrar(s) of your domain name(s), in accordance with which you are required to submit to and participate in a mandatory administrative proceeding in the event that a third party (a Complainant) submits a complaint to a dispute resolution service provider, such as the Center, concerning a domain name that you have registered. Pursuant to Paragraph 4 of the Rules for the .au Domain Name Dispute Resolution Policy (the Rules) and Paragraph 4(d) of the WIPO auDRP Supplemental Rules for .au Domain Name Dispute Resolution Policy (the WIPO auDRP Supplemental Rules), upon Notification of the Complaint and Commencement of Administrative Proceedings, you will be forwarded an electronic copy of the Complaint (including any annexes) and Written Notice of the dispute in hard copy by post and/or facsimile, where applicable. For these purposes, please advise the Center as soon as possible of any preferred and functioning email address.
Once the Center has checked the Complaint to determine that it satisfies the formal requirements of the Policy, the Rules and the WIPO auDRP 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 WIPO auDRP 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 auDRP can be found at http://www.auda.org.au/policy/audrp.
The auDRP Rules can be found at http://www.auda.org.au/policy/audrp.
The WIPO auDRP Supplemental Rules, as well as other information concerning the resolution of domain name disputes can be found at http://arbiter.wipo.int/domains/cctld/rules/supplemental-au.html.
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 9111, by fax at +41 22 740 3700 or by e-mail at firstname.lastname@example.org.
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 the Registrar(s) with which the domain name(s) that is/are the subject of the Complaint is/are registered.
By submitting this Complaint to the Center the Complainant hereby agrees to abide and be bound by the provisions of the Policy, Rules and WIPO auDRP Supplemental Rules.
WORLD INTELLECTUAL PROPERTY ORGANIZATION
ARBITRATION AND MEDIATION CENTER
[NAME AND ADDRESS OF COMPLAINANT]
Disputed Domain Name[s]:
[NAME AND ADDRESS OF RESPONDENT]
(Rules, para. 3(b))
[1.] This Complaint is hereby submitted for decision in accordance with the .au Dispute Resolution Policy (the Policy), approved by the auDA Board on August 13, 2001, the Rules for .au Dispute Resolution Policy (the Rules), and the WIPO Supplemental Rules for .au Dispute Resolution Policy (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:
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 concerned registrar’s Whois database (Information about the concerned registrars can be found at http://www.auda.org.au/registrars/ ), 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 available contact details (email addresses and, if available, postal address, telephone number, fax number) 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] and Registrar[s]
(Rules, para. 3(b)(vi) and (vii))
[8.] This dispute concerns the domain name[s] identified below:
[Identify precisely the domain name(s) in issue.]
[9.] The registrar[s] with which the domain name[s] [is/are] registered [is/are]:
[Provide the name and full contact details of the registrar(s) with which the domain name(s) (is/are) registered.]
IV. Jurisdictional Basis for the Administrative Proceeding
(Rules, paras. 3(a), 3(b)(xv)
[10.] 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 VI., do not exceed the 5000 word limit: Supplemental Rules, Paragraph 11(a). Relevant documentation in support of the Complaint should be submitted as Annexes, with a schedule indexing such Annexes. Such Annexes should be submitted in conformity with the Supplemental Rules, Paragraph 12(a), Annex E. Copies of case precedents or commentaries that are referred to for support should be referred to with complete citations (where appropriate, reference may be made by inserting the relevant URL and/or, if not voluminous, submitted as Annexes).]
[11.] This Complaint is based on the following grounds:
A. The domain name[s] [is/are] identical or confusingly similar to a name, trademark or service mark in which the Complainant has rights;
(Policy, para. 4(a)(i), Rules, paras. 3(b)(viii), (b)(ix)(1))
[In accordance with Rules, para. 3(b)(viii), specify the name(s), 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 name(s) or marks.]
[In accordance with Rules, para. 3(b)(ix), describe the grounds on which the complaint is made.]
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)(ix))
[In accordance with Rules, para. 3(b), describe the grounds on which the complaint is made. Attention should be paid to any relevant aspects of the Policy, para. 4(c), including:
- Whether before any notice to the Respondent of the subject matter of the dispute, there is any evidence of the Respondent’s bona fide use of, or demonstrable preparations to use, the domain name(s) or a name corresponding to the domain name(s) in connection with an offering of goods or services (not being the offering of domain names that you have acquired for the purpose of selling, renting or otherwise transferring);
- 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 to misleadingly divert consumers or to tarnish the name, trademark or service mark at issue.]
C. The domain name[s] [was/were] registered or [is/are] subsequently being used in bad faith.
(Policy, paras. 4(a)(iii), 4(b); Rules, para. 3(b)(ix))
[In accordance with Rules, para. 3(b)(ix), ), describe the grounds on which the complaint is made. 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 another person (normally the 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 name, trademark or service mark from reflecting that name or mark in a corresponding domain name; or
- Whether the domain name(s) (was/were) registered primarily for the purpose of disrupting the business or activities of another person; or
- Whether by using the domain name(s), the Respondent intentionally attempted to attract for commercial gain, Internet users to a website or other online location, by creating a likelihood of confusion with the Complainant’s name or mark as to the source, sponsorship, affiliation, or endorsement of that website or location or of a product or service on that website or location.]
VI. Remedies Requested
(Rules, para. 3(b)(x))
[12.] In accordance with Paragraph 4(i) 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))
[13.] 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 Australian panelists at http://arbiter.wipo.int/domains/panel/list/au.html , or that of any other auDA-accredited dispute resolution service provider.]
VIII. Mutual Jurisdiction
(Rules, para. 3(b)(xiii))
[14.] In accordance with Paragraph 3(b)(xiii) 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 the concerned registrar.” (or)
(b) “the location of the domain name holder’s address, as shown for the registration of the domain name(s) in the registry database at the time of the submission of the Complaint to the Center.” (or)
(c) “the location of the principal office of the concerned registrar AND the domain name holder’s address, as shown for the registration of the domain name(s) in the registry database at the time of the submission of the Complaint 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)(xi))
[15.] [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).]
(Rules, paras. 2(b), 3(b)(xii); Supplemental Rules, paras. 3, 4)
[16.] State whether 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)].
[17.] A copy of this Complaint has been sent or transmitted to the concerned registrar(s) on [date] by [indicate method(s) of communication and contact details used].
[18.] This Complaint is submitted to the Center in electronic form, including annexes, in the appropriate format.
(Rules, para. 19; Supplemental Rules, Annex D)
[19.] As required by the Rules and Supplemental Rules, payment in the amount of Australian Dollars [amount] has been made by [method].
(Rules, para. 3(b)(xiv))
[20.] 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, (b) the concerned registrar[s], (c) the registry administrator, and (d) auDA, as well as their directors, officers, employees, and agents.
[21.] 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 the Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.