I won't be guilty for any of your moves.
Sorry for answering late...
but this site was down for some hours.
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.
REQUIRED TO INITIATE A STOP CASE
STEP 1: Determine if you are eligible to engage
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
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
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.
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
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.
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;
You have no rights or legitimate interests in respect of the domain name;
Your domain name has been registered or is being used in bad faith.
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....