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Username: EasyTech2
Date/Time: Thu, January 31, 2002 at 2:52 PM GMT
Browser: Microsoft Internet Explorer V6.0 using Windows 98
Subject: Please read for yourself and make your own opinion....

Message:
 

 
I won't be guilty for any of your moves.
Good luck.
Sorry for answering late... but this site was down for some hours.


      STOP OVERVIEW
WHAT IS STOP?
STOP stands for "Start-up Trademark Opposition Policy" (formerly called "Start-up Dispute Resolution Policy.") It is one of three Dispute Resolution Policies adopted by ICANN to be used in trademark-based domain-name disputes. The Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Restrictions Dispute Resolution Policy (RDRP) are the other two policies.

STOP is available only to intellectual property owners who enrolled in the NeuLevel Intellectual Property Claim Service. To learn more about the IP Claim service, go to:http:www.neulevel.biz/ardp/docs/ipclaims_service.pdf STOP is not intended to replace any national law or the other Resolution Policies such as UDRP or RDRP. However, no UDRP or RDRP case can be initiated on a given Domain Name until STOP has been completed for that Domain Name. Although the process is very similar to the UDRP, STOP carries a lower burden of proof. Unlike the UDRP where a Claimant must demonstrate that a domain name registrant both registered a domain name in bad faith and used the domain name in bad faith, STOP allows a Claimant to prevail where he or she demonstrates that a domain name was either registered in bad faith or used in bad faith.
--> http://www.neulevel.biz/stop_overview/stop_overview.html


STEPS REQUIRED TO INITIATE A STOP CASE
STEP 1: Determine if you are eligible to engage in STOP
To utilize the Start-Up Trademark Opposition Policy ("STOP"), you must have filed an Intellectual Property (IP) Claim with NeuLevel against your Domain Name in question. To verify which Domain Names are eligible, you will be sent an e-mail with a list of domain names for which you have filed an intellectual property (IP) claim. For those Domain Names, which you believe were registered or used in "bad faith," as set forth in the STOP Policy and Rules, you may be able to file a STOP complaint.

All Domain Names for which there is an IP Claim will be put through a randomization process to determine the order in which the IP Claimants can file a STOP Complaint. If you filed an IP Claim, you will receive an e-mail notification, notifying you of your standing.

If you receive a priority one, you will be eligible to begin your application, and must do so within twenty days of receiving that e-mail. If you do not complete the steps required to engage in STOP within the twenty days, you will forfeit your right to use STOP, and the next IP Claimant in priority will be given standing to move forward with STOP.

If you received a priority level other than one, you will be notified when your priority has moved up in standing and you will subsequently be eligible to initiate a STOP Case.

STEP 2: Register Your Intent to File a STOP Case with NeuLevel
If you receive an e-mail notifying you that you are either priority one or next in line to utilize STOP, you must next register your intent to file a STOP Case with NeuLevel within twenty days of receipt of this e-mail. Within your e-mail notification, you will be given a User ID and Password. Go to https://stop.neulevel.biz and log in using your User ID & Password. Once you have entered the STOP CASE MANAGEMENT SYSTEM , you must do the following to register:

a. Update your contact information
b. Select a Dispute Provider that you will utilize to handle your case
c. Receive a confirmation TICKET number to show proof of registration

NOTE: YOU MUST HAVE A USER ID & PASSWORD TO ACCESS THE STOP CASE MANAGEMENT SYSTEM. IF YOU DO NOT HAVE A USER ID & PASSWORD, OR IT IS NOT WORKING, PLEASE CONTACT STOPSUPPORT@NEULEVEL.BIZ.


STEP 3: File Your Case with Your Chosen Dispute Resolution Provider
Once you have chosen a Dispute Resolution Provider, you will be given contact information about that provider. In order to file a STOP action with a Dispute-Resolution Provider, you must send your Complaint directly to the Dispute-Resolution Provider of your choice - not to NeuLevel.

Please note that you MUST include the Ticket Number that you received from the Registry (see Step 2) on the actual complaint itself. Please do not send your Complaint to the Registry as the Registry will merely delete any and all files received regarding a domain name dispute.

NOTE: YOU MUST CONTACT YOUR CHOSEN DISPUTE-RESOLUTION PROVIDER WITHIN TWENTY (20) CALENDAR DAYS OF RECEIVING THE E-MAIL NOTIFICATION FROM THE REGISTRY THAT YOUR ARE NEXT IN PRIORITY TO FILE A STOP ACTION. IF YOU DO NOT, YOU WILL FORFEIT YOUR RIGHT TO USE THE START-UP TRADEMARK OPPOSITION POLICY (STOP).

STEP 4: Monitoring Your Case
You can monitor the status of the STOP proceedings on a given Domain Name for which you have filed an IP Claim by visiting https://stop.neulevel.biz.
--> http://www.neulevel.biz/stop_overview/stop_steps.html


Start-up Trademark Opposition Policy and Rules for .BIZ
(As adopted by NeuLevel, Inc. and approved by ICANN on May 11, 2001)

...Mandatory Administrative Proceeding. This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative dispute resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").


Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a Complainant asserts to the applicable Provider, in compliance with the Rules, that:


Your domain name is identical to a trademark or service mark in which the Complainant has rights; and


You have no rights or legitimate interests in respect of the domain name; and

Your domain 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 is present.

Evidence of Registration or 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 considered evidence of the registration or use of a domain name in bad faith:


Circumstances indicating that you have registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant or to a competitor of the Complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or


You have registered the domain name in order to prevent the Complainant from reflecting the mark in a corresponding domain name; or


You have registered the domain name primarily for the purpose of disrupting the business of a competitor; or


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.

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 the Rules to determine 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):

You are the owner or beneficiary of a trade or service mark that is identical to the domain name; or


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


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....
--> http://www.neulevel.biz/ardp/docs/stop.html

 

Link: http://www.neulevel.biz/stop_overview/index.html


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