CN KEYWORDS - DISPUTE RESOLUTION POLICY

1. Purpose.


This Dispute Resolution Policy (the Dispute Policy) is incorporated by reference into and constitutes an integral part of the Registration Agreement. It sets forth the terms and conditions in connection with a dispute between a Registrant and a third party over the registration or use of a CommonName (of any type) (the "Name") registered by the Registrant with CommonName. The principles underlying this Dispute Policy in large part are derived from the Uniform Domain Name Dispute Resolution Policy of the Internet Corporation for Assigned Names and Numbers (ICANN).


2. Mandatory Administrative Proceeding.



1. Applicable Disputes. The Registrant agrees to submit to a mandatory administrative proceeding before an independent and impartial panel that shall be appointed (the Administrative Panel) by the World Intellectual Property Organization (WIPO), in the event a third party (a Complainant) asserts to WIPO that:



1. The Name is identical or misleadingly similar to a trade or service mark in which the Complainant has rights; and



2. The Registrant has no rights or legitimate interests in respect of the Name; and



3. The Name has been registered or is being used in bad faith.




In the administrative proceeding, the Complainant must prove that each of these three elements are present.


2. Evidence of Registration or Use in Bad Faith. The following circumstances, in particular but without limitation, shall be evidence of the registration or use of a Name in bad faith:
   
   
   1. circumstances indicating that the Name has been registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the 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 the documented out-of-pocket costs directly related, to registration of the Name; or
   
   
   
   2. the Name has been registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding Name, provided that the Registrant has engaged in a pattern of such conduct; or
   
   
   
   3. the Name has been registered primarily for the purpose of disrupting the business of a competitor; or
   
   
   
   4. the Name has been used in order to intentionally attempt to attract, for commercial gain, Internet users to a 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 web site or location or of a product or service on the web site or location.
   
   
   
3. How to Demonstrate Rights to or Legitimate Interests in the Name.. Any of the following circumstances, in particular but without limitation, shall demonstrate rights to or legitimate interests in the Name:



1. before any notice of the dispute, the use of, or demonstrable preparations to use, the Name or a name corresponding to the Name in connection with a bona fide offering of goods or services; or



2. the Registrant (as an individual, business, or other organization) has been commonly known by the Name, even if the Registrant has acquired no trademark or service mark rights; or



3. a legitimate noncommercial or fair use of the Name is made, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.



4. Initiation of Proceeding and Process. The requirements and process for initiating and conducting a proceeding and for the selection of an Administrative Panel are set out in the Rules of Procedure for the CommonName Dispute Resolution Policy, including the WIPO Supplemental Rules (Rules of Procedure).



5. Fees. All fees and charges in connection with any dispute before an Administrative Panel shall be paid as set forth in the Rules of Procedure.



6. Remedies. The remedies available to a Complainant pursuant to any proceeding before an Administrative Panel shall be limited to:



1. requesting the cancellation of the Name registration; or



2. requesting the transfer of the Name registration to the Complainant.



7. Consolidation.



1. In the event of multiple disputes between the Registrant and a Complainant, either party may petition to consolidate the disputes before a single Administrative Panel, in accordance with the Rules of Procedure.



2. That Administrative Panel may consolidate before it all such disputes in its sole discretion.



8. Administrative Decisions. The Registrant agrees to abide by the decisions of any Administrative Panel in respect of a Name registered by it and to the implementation thereof.



9. CommonName's Involvement in Administrative Proceedings.



1. CommonName does not, and will not, participate in the administrative proceeding and will not be liable as a result of any decisions rendered by an Administrative Panel.



2. CommonName shall not be named as a party or otherwise be included in any such proceeding. In the event that CommonName is named as a party in any dispute, CommonName reserves the right to raise any defences deemed appropriate and to take any further action necessary to defend itself. The Registrant agrees to indemnify CommonName against all losses, damages, actions, proceedings, claims, demands, expenses and costs (including legal expenses) incurred by CommonName in the event that CommonName is named as a party in any dispute proceedings.



10. Availability of Court Proceedings.



1. The mandatory administrative proceeding requirements set forth in Paragraph 2 shall not prevent either the Registrant or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded.



2. If an Administrative Panel decides that the Registrant's registration of a name should be canceled or transferred, CommonName will wait ten (10) business days (as observed in the location of its principal office) after it is informed by WIPO of the Administrative Panel's decision before implementing that decision. CommonName will then implement the decision unless it has received from the Registrant during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the Registrant has commenced a lawsuit against the Complainant in the jurisdiction of either the principal office of CommonName or the residence of the Registrant.



3. If CommonName receives such documentation within the ten (10) business day period, it will not implement the Administrative Panel's decision, and will take no further action, until it receives (i) evidence satisfactory to it of a resolution between the parties; (ii) evidence satisfactory to it that the Registrant's lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the Registrant's lawsuit or ordering that the Registrant does not have the right to continue to use the Name.



11. Notification and Publication. WIPO shall notify CommonName of any decision made by an Administrative Panel with respect to a Name. All decisions under this Dispute Policy shall be published over the Internet by WIPO, except when an Administrative Panel determines, in its sole discretion, not to have its decision published.



12. Notice. The Registrant shall promptly notify CommonName in writing (including by appropriate electronic means) of any administrative proceeding, court action or arbitration commenced against or by the Registrant in respect of a Name.



3. All Other Disputes and Litigation.


All other disputes between the Registrant and a third party regarding the registration of a Name that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 2 shall be resolved between the Registrant and such other party through any court, arbitration or other proceeding that may be available.


4. Maintaining the Status Quo.


In addition to CommonName's rights to terminate a registration of a Name as set out in the Registration Agreement, CommonName may cancel, transfer or otherwise make changes to Name registrations in accordance with the decision of:-


1. an Administrative Panel following resolution of a dispute pursuant to the administrative proceeding set out in Paragraph 2; and/or



2. a court or other arbitral tribunal of competent jurisdiction.



5. Transfers of a Name to a New Holder During a Dispute.
Except in the case of a settlement between the Registrant and the Complainant prior to the termination of the administrative proceeding, CommonName shall not recognise and shall not act upon any instructions to transfer a registration of a Name to another person;


1. during a pending administrative proceeding brought pursuant to Paragraph 2 or for a period of fifteen (15) calendar days after such proceeding is concluded; or



2. during a pending court proceeding or arbitration commenced regarding the Name unless the party to whom the Name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator.


6. Policy Modifications.


CommonName reserves the right to modify this Dispute Policy at any time and will post the revised policy on the CommonName website thirty (30) days before it becomes effective. In the event of a dispute, the version of the dispute resolution policy in effect at the time the complaint was made, will apply until the dispute is resolved. If the Registrant objects to a change in the dispute resolution policy it must cancel its registration of a Name. Upon cancellation the Registrant will not be entitled to a refund of any fees which have been paid to CommonName.