.NAME Online Complaint Filing Form

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Note: All fields marked with a red star (*) are required fields.

The Complaint:

Before the:

WORLD INTELLECTUAL PROPERTY ORGANIZATION
ARBITRATION AND MEDIATION CENTER

(Complainant)
[NAME] *
[ADDRESS OF COMPLAINANT AS STATED IN COMPLAINT] *
-v-
(Respondent)
[FULL NAME] *
[ADDRESS OF RESPONDENT] *

Disputed Domain Name(s): * [List name(s) in full, if more than one separate them with a semi-colon (;)]

COMPLAINT IN ACCORDANCE WITH THE
START-UP TRADEMARK OPPOSITION POLICY FOR .NAME

I. Introduction

[1.] This Complaint is hereby submitted for decision in accordance with the Start-up Trademark Opposition Policy for .NAME, adopted by NeuLevel, Inc. and approved by ICANN on May 11, 2001 (the Policy), the Rules for the Start-up Trademark Opposition Policy for .NAME, adopted by NeuLevel, Inc. and approved by ICANN on May 11, 2001 (the .NAME Rules) and the WIPO Supplemental Rules for Start-up Trademark Opposition Policy for .NAME (the WIPO Supplemental .NAME Rules). See .NAME Rules, para. 3(b) and (c).

II. The Parties

A. The Complainant

(.NAME Rules, para. 3(c)(ii), (iii) and (iv))

[2.] The Complainant in this administrative proceeding is [provide full name and, if relevant, legal status, place of incorporation and principal place of business)].

[3.] The Complainant's contact details are as follows:

Name: * [Specify full name]
Address: * [Specify mailing address]
Country: *
Telephone: * [Specify telephone number]
Fax: [Specify fax number]
E-mail: * [Specify e-mail address]

[If there is more than one complainant, provide the above information for each complainant, describe the relationship between the complainants and why each complainant has a sufficient common interest in the domain name(s) in issue for a joinder to be permissible.]

[4.] The Complainant's authorized representative in this administrative proceeding is:
[If relevant, identify authorized representative and provide all contact details, including postal address, telephone number, fax number, email address; if there is more than one authorized representative, provide contact details for each.]

Name: [Specify full name]
Address: [Specify mailing address]
Telephone: [Specify telephone number]
Fax: [Specify fax number]
E-mail: [Specify e-mail address]

[5.]

[6.] The Complainant's preferred method of communications directed to the Complainant in the administrative proceeding is as follows:

Electronic-only material
Method:		e-mail
E-mail: [Specify one e-mail address]
Contact: [Identify name of one contact person]

Material including hardcopy
Method: [Specify one: fax, post/courier]
Address: [Specify one address, if applicable]
Fax: [Specify one fax number]
Contact: [Identify name of one contact person]

B. The Respondent

(.NAME Rules, para. 3(c)(v))

[7.] According to [indicate why the person/entity identified in the Complaint has been identified as the Respondent, e.g., the Registry Operator's Whois database, the concerned registrar's Whois database, the Internic database],

the Respondent in this administrative proceeding is [identify Respondent, including, full name, and if relevant, legal status, place of incorporation and principal place of business, or residence)]. Copies of the printout of the database search[es] conducted on [date] are provided as Annex [annex number].

[8.] All information known to the Complainant regarding how to contact the Respondent is as follows:
[Provide all contact details (postal address, telephone number, fax number, email address) for respondent, including those that may have been used in the course of pre-complaint dealings and those available from any Whois look-up service.]

Name: * [Specify full name]
Address: * [Specify mailing address]
Country: *
Telephone: * [Specify telephone number]
Fax: [Specify fax number]
E-mail: * [Specify e-mail address]

[If already known, also provide contact details for any legal representative acting for or on behalf of the Respondent in this dispute.]

Name: [Specify full name]
Address: [Specify mailing address]
Telephone: [Specify telephone number]
Fax: [Specify fax number]
E-mail: [Specify e-mail address]

[If there is more than one respondent, provide the contact details for each respondent and describe the bases on which they are being joined in a common complaint.]

III. The Domain Name[s] and Registrar[s]

(.NAME Rules, para, 3(c)(vi) and (vii))

[9.] This dispute concerns the domain name[s] identified below:
[Identify precisely the domain name[s] in issue]

[10.] The registrar[s] with which the domain name[s] [is/are] registered [is/are]:
[Select the name and provide the full contact details of the registrar with which the domain name[s] is/are registered]

IV. Jurisdictional Basis for the Administrative Proceeding

[11.] This dispute is properly within the scope of the .NAME and the Administrative Panel has jurisdiction to decide the dispute. The registration agreement, pursuant to which the domain name[s] that [is/are] the subject of this Complaint [is/are] registered, incorporates the .NAME.
[If relevant, indicate when the domain name(s) was/were registered and specify the language in the registration agreement that makes the .NAME applicable to the domain names(s).]

A true and correct copy of the domain name dispute policy that applies to the domain name[s] in question is provided as Annex [annex number] to this Complaint.

[12.] In addition, in accordance with .NAME, Paragraph 4(a), the Respondent is required to submit to a mandatory administrative proceeding because:

(1) The domain name[s] [is/are] identical to a trademark or service mark in which the Complainant has rights; and

(2) The Respondent has no rights or legitimate interests in respect of the domain name[s]; and

(3) The domain name[s][was/were] registered or [is/are] being used in bad faith.

V. Factual and Legal Grounds

(.NAME Policy, paras. 4(a), (b), (c); .NAME Rules, para. 3)

[13.] This Complaint is based on the following grounds:

[In accordance with .NAME Rules, para. 3(c)(viii), specify the trademark(s) or service mark(s) on which the Complaint is based and, for each mark, describe the goods or services, if any, in connection with which the mark is used. A separate description may also be given of the goods or services with which the Complainant intends to use the mark in the future. If applicable, attach copies of the registration certificates for the relevant marks.]
[In accordance with .NAME Rules, para. 3(c)(ix), describe the factual and legal grounds on which the complaint is made, including, in particular, (1) the manner in which the domain name(s) is/are identical to a trademark or service mark in which the Complainant has rights; and (2) why the Respondent should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the Complaint, and (3) why the domain name(s) should be considered as having been registered or used in bad faith.]
[In discussing items (2) and (3) above, particular attention should be paid to any relevant aspects of .NAME, paras. 4(b) and (c), including:
- Circumstances indicating that the domain name(s) was/were registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration(s) to the owner of the trademark(s) or service mark(s) (normally the Complainant) or to a competitor of that Complainant, for valuable consideration in excess of the domain name registrant's out-of-pocket costs directly related to the domain name(s); or
- Whether the domain name(s) was/were registered in order to prevent the owner of the trademark(s) or service mark(s) from reflecting the mark(s) in a corresponding domain name, provided that the domain name registrant has engaged in a pattern of such conduct; or
- Whether the domain name(s) was/were registered primarily for the purpose of disrupting the business of a competitor; or
- Whether by using the domain name(s), the domain name registrant intentionally attempted to attract for commercial gain, Internet users to the registrant's 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 the registrant's web site or location or of a product or service on the registrant's web site or location; or
- Whether the domain name registrant (as an individual, business, or other organization) is the owner or beneficiary of a trade or service mark that is identical to the domain name(s);
- Whether before any notice to the domain name registrant of the dispute, there is any evidence of the registrant's use of, or demonstrable preparations to use, the domain name(s) or a name corresponding to the domain name(s) in connection with a bona fide offering of goods or services; or
- Whether the domain name registrant (as an individual, business, or other organization) has been commonly known by the domain name(s), even if the registrant has acquired no trademark or service mark rights.]
[The above section of the Complaint (i.e., Factual and Legal Grounds) dealing with the description required under .NAME Rules, para. 3(b)(ix) should not exceed the 5000 word limit provided for in the WIPO Supplemental .NAME Rules, para. 8(a).]
[Relevant documentation in support of the allegations made should be submitted as annexes to the Complaint, with a schedule indexing such documents. Copies of case precedents or commentaries that are referred to for support should be submitted with complete citations.]

VI. Remedy Requested

(.NAME Rules, para.3(c)(x))

[14.] In accordance with Paragraph 4(c)(i) of the .NAME, for the reasons described in Section V above, the Complainant requests the Administrative Panel appointed in this administrative proceeding issue a decision that the contested domain name(s) be transferred to the Complainant.

VII. Mutual Jurisdiction

(.NAME Rules, para. 3(c)(xii)xi)

[15.] In accordance with .NAME Rules, para 3(c)(xii), the Complainant agrees to submit, only with respect to any challenge that may be made by the Respondent to a decision by the Administrative Panel to transfer the domain name[s] that [is/are] the subject of this Complaint, to the jurisdiction of the courts at the following location:
[choose: either the location of the principal office of the concerned registrar and/or the place where the Respondent is located, as shown by the address[es] given for the domain name holder in the Registry Operator's or the concerned registrar's Whois database at the time of the submission of the Complaint to the WIPO Center].

VIII. Other Legal Proceedings

(.NAME Rules, para. 3(c)(x))

[16.] [If any, identify other legal proceedings that have been commenced or terminated in connection with or relating to the domain name(s) that [is/are] the subject of the Complaint and summarize the issues that are the subject of that/those proceeding(s).]

IX. Communications

(.NAME Rules, para. 3(c)(xi); WIPO Supplemental .NAME Rules, para. 4(b))

[17.] A copy of this Complaint, including the cover sheet as prescribed by the WIPO Supplemental .NAME Rules, is being sent or transmitted to the Respondent on [date] by [indicate method(s) of communication and contact details used, with reference to .NAME Rules, para. 2(a)].

[18.] A copy of this Complaint, has been sent or transmitted to the concerned registrar[s] on [date] by [indicate method(s) of communication and contact details used].

X. Payment

[19.] As required by the .NAME Rules and WIPO Supplemental .NAME Rules, payment in the amount of USD 1,500.00 is being made by [method].

XI. Certification

(.NAME Rules, para. 3(c)(xiii))

[20.] The Complainant agrees that its claim and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the domain name holder and waives all such claims and remedies against (a) the WIPO Arbitration and Mediation Center and Panelists, except in the case of deliberate wrongdoing, (b) the concerned registrar(s), (c) the Registry Operator, (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents.

[21.] The Complainant certifies that the information contained in this Complaint is to the best of the Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under the .NAME Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.

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Card Number	*
Card Expiry Date	*
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Bank Account Holder	*
Bank Account Number	*
Bank Name	*
Bank Address	*
Additional Information (Routing/ABA/sorting number)

Respectfully submitted,

Name: *

Email: * (provided for purposes of receiving electronic confirmation of this form's submission)

Date: *

Signature: (for hard copy)