Tuesday, November 22, 2011

How to protect your domain? | How to reply for WIPO Arbitration and Mediation Center notice on domain?

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One who feels that their trade name or domain name is misused to mis-lead the public to believe that the domain name belongs to the complainant they can approach domain holder with a notice to transfer the domain name without any condition. If they fail to respond or fail to transfer the domain with all proof the complainant can approach WORLD INTELLECTUAL PROPERTY ORGANIZATION.

The proceducture of applying for claiming domain name is very simple and paperless also. No physical submission mandatory and anywhere in the world one can approach WIPO for Arbitration and decision of the pane is final on the domain name and binding to the registerar to tranfer the disputed domain based in the decisions.

The WIPO Arbitration and Mediation Center is an independent part of the World Intellectual Property
Organization (WIPO), an intergovernmental organization whose mandate is to promote the protection of
intellectual property. A largely self-financed organization, WIPO is based in Geneva, Switzerland and has 184 Member States.

The WIPO Rules are appropriate for all commercial disputes. However, they contain provisions on confidentiality and technical and experimental evidence that are of special interest to parties to intellectual property disputes

What explains as bad faith in booking domain name?

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

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain 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 your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) 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.

In the next posting I will explain how to respond to the complaint as filed by complainant as a respondent and which are the points to be considered while drafting mail reply to the complaint as forwarded by the complainant