Communications sent to a registrar

The communications sent by the WIPO Arbitration and Mediation Center to a registrar during the course of a dispute are as follows:

Letter A

To: [Enter Name of Registrar]

Re: New Domain Name Case

A Complaint dated [enter date] has been submitted to the WIPO Arbitration and Mediation Center (the Center) by the person/entity identified below:

[Enter Complainant name]

The Complaint was received by the Center on: [Enter date]

The case has been assigned the following Case Number: [Enter assigned case number]

The Complaint has been filed against the [person/entity] identified below (Respondent):

The Complaint relates to the domain name[s] listed below, which the Complainant alleges [is/are] registered with you by the Respondent:

So that we may comply with our obligations pursuant to Paragraphs 2(a) and 4 of the Rules for Uniform Domain Name Dispute Resolution Policy, may we kindly request you to:

May we kindly ask you to provide us with the requested information within five (5) days of receiving this e-mail. The information should be sent by e-mail to: domain.disputes@wipo.int.

Please specify the Case Number when communicating with the Center about any matters relating to this case.

Any questions you may have relating to this case should be directed to:

[Name of Case Administrator]

Tel: (+41 22) 338 8247
Fax: (+41 22) 740 3700

E-mail: domain.disputes@wipo.int

Thank you for your assistance in this matter.

Letter B

Sirs,

Re: Case No. [enter case number] –

We refer to our Complaint Deficiency Notification, dated [enter date of Complaint Deficiency Notification], in which you were requested to cure the specified deficiencies by [enter date by which all deficiencies were to be cured].

As the deficiencies identified below have not been cured, we regret to inform you that, in accordance with Paragraph 4(b) of the Rules for Uniform Domain Name Dispute Resolution Policy, your Complaint is deemed withdrawn as of [enter date by which all deficiencies were to be cured]:

[Identify deficiencies not cured]

The withdrawal of your Complaint is without prejudice to the submission of a new Complaint by you, whether to us or to another ICANN-accredited dispute resolution service provider (http://www.icann.org/udrp/approved-providers.htm), or your right to commence any other legal proceeding.

Unless you notify us, in writing, within ten (10) calendar days of the date of this notification that you intend to submit a new Complaint with us, we shall refund any fees paid by you to us, less a USD 250 processing fee, as specified in Annex D of the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (http://arbiter.wipo.int/en/domains).

Yours sincerely,

[Enter name]

Case Administrator

Communications

This notification is being communicated to the Complainant/Complainant’s authorized representative in accordance with the following contact details:

[Enter contact details specified in Complaint; otherwise Center discretion]

By the following methods:

[ ] Post/Courier [ ] Facsimile [ ] E-mail

A copy has been communicated to the Respondent in accordance with the following contact details:

By the following methods:

[ ] Post/Courier [ ] Facsimile [ ] E-mail

A copy has also been communicated to the Registrar(s) listed below:

[Identify Registrar(s)]

Letter C

Sirs,

Re: Case No. [enter case number] –

Notification of Complaint and Commencement of Administrative Proceeding

1. Notification. You are hereby notified that an administrative proceeding has been commenced against you pursuant to the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999 (the Policy) (http://www.icann.org/udrp/udrp-policy-24oct99.htm). It concerns [a] domain name[s] that [is/are] currently registered and being used by you. The Policy is incorporated by reference into your Registration Agreement with the Registrar[s] of your domain name[s]. When you registered your domain name[s] you also agreed to submit to and participate in a mandatory administrative proceeding in the event that a third party (the Complainant) submits a Complaint to an ICANN-approved dispute resolution service provider (http://www.icann.org/udrp/approved-providers.htm) concerning that domain name.

2. Date Complaint Received. The Complaint submitted by [enter name of Complainant] was received on [enter date] by the WIPO Arbitration and Mediation Center (the Center). A copy of the Complaint accompanies this notification. The domain name[s] that [is/are] the subject of the Complaint [is/are]:

[Specify domain name(s) listed in the Complaint]

3. Formal Requirements Compliance Review. In accordance with Paragraph 4(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) (http://www.icann.org/ udrp/udrp-rules-24oct99.htm) and Paragraph 5 of the Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules) (http://arbiter.wipo.int/en/domains) the Center has verified that the Complaint satisfies the formal requirements of the Policy, Rules and Supplemental Rules. Payment in the required amount to the Center has been made by the Complainant. This finding does not affect the registration of the domain names that are the subject of the Complaint.

4. Commencement of Administrative Proceeding. In accordance with Rules, Paragraph 4(c), the formal date of the commencement of the administrative proceeding is [enter date of this notification].

5. Deadlines. Within 20 calendar days from the day you receive this notification you must submit to the Complainant and to us a Response according to the requirements that are described in Rules, Paragraph 5 and the Supplemental Rules. The last day for sending your Response to the Complainant and to us is [enter date]. This is also the last date by which you should make any required payments to us if you choose to designate a three-member Administrative Panel (see paragraphs 7 and 9 below).

6. Default. If your Response is not sent by the above date or we have not received any required payment from you by that date, you will be considered in default. We will still appoint an Administrative Panel to review the facts of the dispute and to decide the case. The Administrative Panel will not be required to consider a late-filed Response, but will have the discretion to decide whether to do so and, as provided for by Rules, Paragraph 14, may draw such inferences from your default as it considers appropriate. There are other consequences of a default, including no obligation on our part to consider any designations you have made concerning the appointment of the Administrative Panel or to observe any guidelines you have provided concerning case-related communications.

7. Administrative Panel. The dispute between you and the Complainant will be decided by an Administrative Panel consisting of either one or three impartial and independent decision-makers who will be appointed by the Center. The Complainant in this administrative proceeding has elected for an Administrative Panel consisting of [a single panelist/three panelists].

[If you would also like the case to be decided by a single Panelist, the appointment of that Panelist will be made by us from our published list of Panelists (http://arbiter.wipo.int/en/disputes), unless you and the Complainant first inform us that you have come to an agreement on the identity of the single Panelist. We will appoint the single Panelist within 5 calendar days of the date your Response was due. The fees for the administrative proceeding will be paid in their entirety by the Complainant.

Despite the Complainant’s election for a Single Panelist, you can choose to have the case decided by an Administrative Panel consisting of three persons. If you choose this option, you will be required to pay half of the applicable fees for the administrative proceeding (see paragraph 9 below). The payment must be made at the time you submit your Response. Failure to submit the required payment at that time may, along with other considerations, be taken as grounds for proceeding with a single Panelist.

If you choose a three person Administrative Panel and make the required payment when you submit your timely Response, you should indicate the names and contact details of three persons in order of preference in your Response. These three persons can be selected from our published list or that of any other ICANN-accredited dispute resolution service provider (http://www.icann.org/ udrp/approved-providers.htm). We will try to appoint one of the three persons you have recommended to the Administrative Panel. If we are unsuccessful, we shall make an appropriate appointment from our published list. If you choose a three-member Panel, but do not provide us with the names and contact details of any candidates, we shall make the appointment from our published list.

Please note that if you choose a three-member Panel, the Complainant will be requested also to provide the names of three candidates, who can be taken from our published list or that of any other ICANN-accredited dispute resolution service provider. We will try to appoint one of these three persons to the Administrative Panel. If we are unsuccessful, we shall make an appropriate appointment from our published list. If the Complainant does not provide us with the names of its candidates, we shall make the appointment from our published list.

Both you and the Complainant will be contacted concerning the procedures for the appointment of the Presiding Panelist (i.e., the third Panelist).]

OR

[The Complainant has provided us with the names and contact details of three candidates to serve on the Administrative Panel, and has indicated its order of preference. We will try to appoint one of these three candidates. If we are unsuccessful, we shall make the appointment from our published list of Panelists.

You are kindly requested to provide the names and contact details of three persons in order of preference in your Response. These three persons can be taken from our published list or that of any other ICANN-accredited dispute resolution service provider (http://www.icann.org/udrp/approved-providers.htm). We will try to appoint one of the three persons you have recommended to serve on the Administrative Panel. If we are unsuccessful, we shall make an appropriate appointment from our published list. If you do not provide us with the names and contact details of any candidates, we shall make the appointment from our published list.

Please note that the fees for the administrative proceeding will be paid in their entirety by the Complainant.

Both you and the Complainant will be contacted concerning the procedures for the appointment of the Presiding Panelist (i.e., the third Panelist).]

8. Communications. Your Response should be communicated to us according to the requirements of Rules, Paragraph 5(b) and Supplemental Rules, Paragraph 3 (i.e., four sets of hardcopy and by e-mail). All case-related filings or submissions to the Center after the submission of your Response should be made according to Supplemental Rules, Paragraph 3(a). The E-mail address to use for both purposes is domain.disputes@wipo.int.

In your Response you should indicate where and how you would like us to send case-related communications to you. Please provide only a single postal address, fax number and e-mail address for you and, if applicable, your authorized representative for the dispute, otherwise we will use our discretion as to which contact details we will use.

All communications that are required to be made to the Complainant under the Rules and Supplemental Rules, including your Response, should be made according to the contact details and method(s) specified in the Complaint.

Questions about your case, or other general queries may be e-mailed to domain.disputes@wipo.int.

9. Fees. Payment to us in the following amount should be made at the time of the submission of your Response, if you designate a three-member Administrative Panel:

[Indicate amount in accordance with Supplemental Rules, Annex D]

Payment methods and other relevant details can be found in Annex D of the Supplemental Rules.

10. The Administrative Proceeding. If this case is to be decided by a single-member Administrative Panel, we shall appoint the Administrative Panel within five days of the date your Response was due. If the case is to be decided by a three-member Administrative Panel, after appointing two of the Panelists (see Paragraph 6 above) we shall send to you and to the Complainant a list of five candidates for the Presiding Panelist. You will each be asked to indicate your order of preference from among the five candidates. Unless we are notified of an agreement between you and the Complainant as to the identity of the Presiding Panelist, we shall make the appointment taking into consideration the preferences indicated by you and the Complainant.

The Administrative Panel will have 14 days from the date of its appointment to issue a decision in the case. Under normal circumstances, we will forward the decision to you, the Complainant, the concerned Registrar(s) and ICANN within three calendar days of receiving it from the Administrative Panel. The Registrar[s] will notify all parties concerned of the date that the decision will be implemented if the Registrar[s] do[es] not receive notification and the required documentation from you in accordance with Paragraph 4(k) of the Policy. We will then post the decision on a publicly accessible web site, unless we have been directed not to by the Administrative Panel.

11. Case Administrator. The Center has appointed a Case Administrator who is in charge of administering your case. Please note that, while the Case Administrator is at your disposal to answer questions relating to such matters as filing requirements and to help you to understand the Policy, Rules and Supplemental Rules, he or she cannot provide you with any legal advice or make any representations on your behalf.

Case Administrator: [Name]

Address: WIPO Arbitration and Mediation Center
34 chemin Colombettes
1211 Geneve 20
Switzerland

Telephone: +41 22 338 8247
Fax No.: +41 22 740 3700

E-Mail Address: domain.disputes@wipo.int

12. Additional Information. Additional information about the ICANN administrative procedure is available at http://www.icann.org and about the Center’s Domain Name Dispute Resolution Service at http://arbiter.wipo.int/en/domains.

Yours sincerely,

Case Administrator

Communications

This notification is being communicated to the Complainant/Complainant’s authorized representative in accordance with the following contact details:

[Enter contact details specified in Complaint; otherwise Center discretion]

By the following methods:

[ ] Post/Courier [ ] Facsimile [ ] E-mail

This notification is being communicated to the Respondent in accordance with the following contact details:

By the following methods:

[ ] Post/Courier [ ] Facsimile [ ] E-mail

A copy has also been communicated to the Internet Corporation for Assigned Names and Numbers (ICANN) and the Registrar(s) listed below:

[Identify Registrar(s)]

Letter D

Sirs,

Re: Case No. [Enter number] –

Please find herewith the full text of the decision issued on [enter date] by the Administrative Panel in the above-referenced case.

The Administrative Panel’s decision is as follows:

Pursuant to Paragraph 4(k) of the Uniform Domain Name Dispute Resolution Policy, the Registrar[s] identified below, shall proceed to implement the above decision on the tenth business day (as observed in the location of [that/each] Registrar’s principal office) after receiving this notification. The concerned Registrar[s] will not implement the decision if, before the 10-day waiting period has expired, the Respondent submits official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) to the Registrar demonstrating that it has commenced a legal proceeding against the Complainant in a jurisdiction to which the Complainant has submitted under Paragraph 3(b)(xiii) of the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) (i.e., the Mutual Jurisdiction. Typically, either the location of a concerned Registrar’s principal office or where the Respondent is located according to the address(es) shown in that Registrar’s WHOIS database.).

A concerned Registrar will not implement the Administrative Panel’s decision, and will take no further action, until it has received:

Pursuant to Rules, Paragraph 16(a), the Registrar[s] identified below [is/are] directed to inform the Complainant, the Respondent, the Internet Corporation for Assigned Names and Numbers (ICANN) and the WIPO Arbitration and Mediation Center as soon as possible of the date on which the Administrative Panel’s decision will be implemented, absent a notification by the Respondent in accordance with the above. The relevant contact details are provided below.

The Parties are hereby reminded that the Mutual Jurisdiction indicated by the Complainant is as follows:

[Provide full details of Mutual Jurisdiction indicated by the Complainant]

Yours sincerely,

[Name]

Case Administrator

Communications

This notification is being communicated to the Complainant/Complainant’s authorized representative in accordance with the following contact details:

[Enter contact details specified in Complaint; otherwise Center discretion]

By the following methods:

[ ] Post/Courier [ ] Facsimile [ ] E-mail

This notification is being communicated to the Respondent in accordance with the following contact details:

By the following methods:

[ ] Post/Courier [ ] Facsimile [ ] E-mail

A copy has also been communicated to the Internet Corporation for Assigned Names and Numbers (ICANN) and the Registrar(s) listed below:

[Identify Registrar(s) and provide contact details]

Internet Corporation for Assigned Names and Numbers
Attn: Louis Touton, Esq.,
4676 Admiralty Way, Suite 330
Marina de Ray, CA90292
United States

Tel.: 1-310-823-9358
Fax.: 1-310-823-8649

Email: touton@icann.org