Return to New TLD Agreements Forum - Message Thread - FAQ

Username: richard04
Date/Time: Mon, March 18, 2002 at 10:18 PM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Score: 5
Subject: Over 11000 challenges : deadline for 'defendants' to submit paperwork is May 17

Message:
 

 
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 Landrush 2.

Re: Case No. DINFO2002-11187-0001  Notification of Challenge and Commencement of Administrative Proceeding

1. Notification.
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).

The 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 Last Resort.
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.
This Challenge has been assigned the above-referenced Challenge Number.

4. Commencement of Administrative Proceeding.
In accordance with Rules, Paragraph 4(c), the formal date of commencement of the administrative proceeding is 18-Mar-2002.

5. Deadline for Payment.
In 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
https://webaccess.wipo.int/domains/sunrise/clr_respondent-payment.html .
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 the fee.

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
and 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 into English.

You must send the hard copy of the Response as follows:
- one 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.

8. Default.
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.

9. Center Decision.
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.
Any further questions about the procedure may be directed to the Center by e-mail at info.clr@wipo.int. 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 domain name.

Yours sincerely,
WIPO Arbitration and Mediation Center       
     

 


Message Thread: