WIPO has just issued Sunrise challenges for Afilias, and you can see from this sample
number that there are over 11000 of them. As the deadline for the registrant to submit
trademark paperwork is 17th May, I wouldn't hold your breath if you're waiting for
Re: Case No. DINFO2002-11187-0001 Notification of Challenge and
Commencement of Administrative Proceeding
You are hereby notified
that an administrative proceeding has been commenced against you pursuant to the
Afilias Sunrise Registration Challenge Policy (the Policy) (http://www.afilias.info/register/dispute_resolution/sunrise_challenge_policy_revised).
Policy is incorporated by reference into your Registration Agreement with the Registrar
of your domain name, pursuant to which you are required to submit to and participate
in a mandatory administrative proceeding in the event that a party (the Challenger)
submits a Challenge to the WIPO Arbitration and Mediation Center (the Center), regarding
the compliance of your domain name registration with the sunrise registration conditions
in relation to trademark or service mark rights. The relevant conditions are specified
in the Policy, Paragraph 4(c) and referred to in the Challenge.
2. Challenge of
The Challenge was initiated by the Registry, Afilias Limited, as
a Challenge of Last Resort (CLR) as defined in Paragraph 1 of the Rules for Sunrise
Registration Challenge Policy (the Rules) (http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised).
The text of the Challenge follows below.
3. Challenge Number.
has been assigned the above-referenced Challenge Number.
4. Commencement of Administrative
In accordance with Rules, Paragraph 4(c), the formal date of commencement
of the administrative proceeding is 18-Mar-2002.
5. Deadline for Payment.
accordance with Rules, Paragraph 5(a), within ten (10) calendar days of the above
date of commencement of the administrative proceeding, you must pay a Respondent's
fee in the amount of USD 295. This payment must be made by submitting credit card
information through the Center's online CLR Respondent Payment Form at
The last day for submitting your CLR Respondent Payment Form to the Center is
28-Mar-2002. The Center is under no obligation to consider payment effected by any
other means. Further information on the Respondent's fee can be found in the Schedule
of Fees available at http://arbiter.wipo.int/domains/gtld/info/sunrise/fees.html
If you pay the Respondent's fee and the Center determines that the disputed Domain
Name has been registered in accordance with the sunrise registration conditions set
forth in the Registration Agreement, the Center will reimburse the Respondent's fee
in full. If you fail to submit the CLR Respondent Payment Form including valid credit
card information within the above date, the Center will send you a reminder to submit
such payment within ten (10) further days. If the Center is not satisfied that the
Respondent's fee has been paid within such further period, in accordance with Rules,
Paragraph 13(b), the Challenge will be granted on the basis of your failure to pay
6. Deadline for Response.
Within sixty (60) calendar days from the
date of commencement of administrative proceeding referred to in Paragraph 4 above,
you must submit to the Center, with a copy to the Challenger, a Response according
to the requirements that are described in Rules, Paragraph 5. The last day for submitting
your Response is 17-May-2002.
7. Response Filing.
Your Response must be submitted
in electronic form (without annexes) via the Internet using the CLR Response Form
made available by the Center at https://webaccess.wipo.int/domains/sunrise/clr_response.html
in hard copy (with annexes) by postal or courier service. To the hardcopy of your
Response, you must annex the originals or certified copies of any trademark or service
mark certificates demonstrating that you have complied with the sunrise registration
conditions of the Domain Name Registration Agreement (Policy, Paragraph 4(c), Rules,
Paragraph 5(d)(i)). A certified copy of a trademark or service mark certificate means
a copy certified by the Trademark Office with which the trademark or service mark
is registered. Pursuant to Rules, Paragraph 6(b), any trademark or service mark certificates
in a language other than English must be accompanied by an officially certified translation
You must send the hard copy of the Response as follows:
signed original and two copies of the Response including all attachments by postal
or courier service (postage pre-paid and return receipt requested) to the Center;
one copy of the Response including all attachments by postal or courier service (postage
pre-paid and return receipt requested) to the Challenger in accordance with the preferred
contact details indicated by the Challenger in the Challenge.
You are not required
to send the Response to the Registrar.
If your Response is not submitted
by the date specified in Paragraph 6 above, you will be considered in default. In
such event, in accordance with Rules, Paragraphs 5(f) and 9(a), the Challenge will
be granted. If, you do not comply with any provision of, or requirement under, the
Rules or any request from the Center, the Center may draw such inferences therefrom
and may undertake such procedural steps as it considers appropriate.
The Center will use reasonable efforts to decide upon the Challenge
as soon as possible under the circumstances. The Center's determination of whether
the Sunrise registration conditions set forth in Paragraph 4(c) of the Policy are
met will be based solely on a prima facie examination of any trademark or service
mark certificates submitted. The Center's decision is of an administrative nature
and shall be final. The Center shall not be required to state reasons for its decision.
Such decision will be sent by e-mail.
10. Additional Information.
questions about the procedure may be directed to the Center by e-mail at firstname.lastname@example.org.
All e-mail communications in relation to an existing case must include, in the subject
line of the e-mail, the Challenge number assigned by the Center as well as the disputed
WIPO Arbitration and Mediation Center