Online Response Filing Form

Before the:

World Intellectual Property Organization
Arbitration and Mediation Center

RESPONSE

(Rules, Paragraph 5

[1]. On [indicate date on which the Notification of Complaint and Commencement of Administrative Proceeding was received], the Respondent received a Notification of Complaint and Commencement of Administrative Proceeding from the WIPO Arbitration and Mediation Center (Center) by *** Specify one ***emailFaxPost courier informing the Respondent that an administrative proceeding had been commenced by the Complainant in accordance with the Uniform Policy for Domain Name Dispute Resolution, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 (the Policy), the Rules for Uniform Domain Name Dispute Resolution Policy, approved by ICANN on September 28, 2013 , and in effect as of July 31, 2015 (the Rules), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules) in effect as of July 31, 2015. The Center set [ date specified in Notification of Complaint and Commencement of Administrative Proceeding] as the last day for the submission of a Response by Respondent.

[2]. The Respondent hereby responds to the statements and allegations in the Complaint and respectfully requests the Administrative Panel to deny the remedies requested by Complainant.

[3]. [ If appropriate and the allegation can be substantiated with evidence, the Rules provide that a Respondent may ask the Panel to make a finding of reverse domain name hijacking.]

A. The Respondent's Contact Details

(Rules, Paragraphs 5(c)(ii) and (iii))

[4]. For the purposes of the administrative proceeding, the Respondent's contact details are as follows:

[If there is more than one Respondent, provide this information for each Respondent in the text box below]

[5]. The Respondent's authorized representative in this administrative proceeding is:

[If the Respondent has an authorized representative, provide all contact details, including postal address, telephone number, fax number, email address for the authorized representative; if there is more than one authorized representative, please provide contact details for each.]

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

Electronic-only material

Material including hardcopy

B. Response to Statements and Allegations Made in Complaint(required)

(Policy, Paragraphs 4(a), (b), (c); Rules, Paragraph 5(c)(i))

Paragraph 5(b)(i) of the Rules instructs the Respondent in its Response to "Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent (domain name holder) to retain registration and use of the disputed domain name." With reference to that paragraph, in this section the Respondent may wish to discuss some or all of the following, to the extent relevant and supported by evidence:

• Whether the domain name(s) that is/are the subject of the Complaint is/are covered by the Policy;
• Under Policy, Paragraph 4(a), for a Complainant to succeed, it must establish that the following three conditions are satisfied: (1) that the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and (2) that the Respondent has no rights or legitimate interests in respect of the domain name; and (3) that the domain name has been registered and is being used in bad faith. As Complainant must prove each of these elements, the Respondent may wish to discuss the extent to which the Complainant has met its burden of proof. In this connection, consideration may, for example, be given to the following:
  • Any challenges to the trade or service mark rights asserted by the Complainant;
  • A refutation of the arguments made by the Complainant concerning the manner in which the domain name(s) is/are allegedly identical or confusingly similar to a trademark or service mark in which the Complainant claims it has rights;
  • A refutation of the arguments made by the Complainant as to 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. Evidence should be submitted in support of any claims made by the Respondent concerning its alleged rights or legitimate interests in the domain name(s);
  • A refutation of the arguments made by the Complainant as to why the domain name(s) should be considered as registered and used in bad faith.
• Policy, Paragraph 4(b) identifies several examples of circumstances that an Administrative Panel could consider as constituting bad faith. Policy, Paragraph 4(c) sets out examples of circumstances demonstrating the Respondent's rights to or legitimate interests in the domain name for purposes of Policy, Paragraph 4(a)(ii). With reference to those two paragraphs of the Policy, to the extent argued by the Complainant, the Respondent should discuss and show that:
  • the domain name(s) was/were not registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration(s) to the Complainant, as the alleged owner of the trademark or service mark, or to a competitor of the Complainant, for valuable consideration in excess of the Respondent's out-of-pocket costs directly related to the domain name;
  • the domain name(s) was/were not registered in order to prevent the Complainant from reflecting the mark in a corresponding domain name and, in connection therewith, the Respondent has not engaged in a pattern of such conduct;
  • the Complainant and the Respondent are not competitors and/or the domain name(s) was/were not registered by the Respondent primarily to disrupt the Complainant's business;
  • the domain name(s) was/were not registered by the Respondent in an intentional attempt to attract for commercial gain, Internet users to the Respondent'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 Respondent's web site or location or of a product or service on the Respondent's web site or location;
  • before the Respondent received any notice of the dispute, there is evidence of Respondent'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;
  • the Respondent (as an individual, business, or other organization) has been or is commonly known by the domain name(s) in issue, even if the Respondent has acquired no trademark or service mark rights;
  • the Respondent is making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark(s) or service mark(s) at issue.
• This section of the Response (i.e., in this Model Response, Section B, Response to Statements and Allegations Made in the Complaint) should not exceed the 5000 word limit, not including annexes, provided for in the Supplemental Rules, Paragraph 11(b).
• Relevant documentation and other evidence in support of Respondent's position, should be submitted as annexes to the Response, with a schedule indexing such documents. Copies of case precedents or commentaries, such as WIPO Overview 2.0 that are referred to for support should be referred to with complete citations (where appropriate, reference may be made by inserting the relevant URL and/or, if not voluminous, submitted as Annexes).

C. Consent to remedy (optional)

[The Respondent may - in connection with an agreement between the Parties, or in its own discretion - include the below paragraph (no. 7). If included, this informs the Complainant, the WIPO Center, the Registrar(s), and the Administrative Panel (if subsequently appointed) that the Respondent consents to the remedy requested by the Complainant. Please note that any agreement between the Parties to transfer or cancel the disputed domain name prior to appointment of an Administrative Panel would require the Parties to complete and submit a Standard Settlement Form (this Form can be found on the WIPO Center's website at https://www.wipo.int/amc/en/docs/settlement-lock-eudrp.doc.]

[7.] [Specify a remedy] [The Respondent consents to the remedy requested by the Complainant and agrees to transfer the disputed domain name(s) to the Complainant.]

[The Respondent consents to the remedy requested by the Complainant and agrees to cancel the disputed domain name(s).]

D. Administrative Panel

(Rules, Paragraphs 5(c)(iv) and (v) and Paragraph 6; Supplemental Rules, Paragraph 8)

[8]. The Respondent elects to have the dispute decided by a *** Specify one ***Single member Administrative panelThree member Administrative panel

[ state "single-member Administrative Panel" if Complainant has asked for a single-member Administrative Panel and the Respondent agrees with that election. If the Respondent does not agree and wants a three-member Administrative Panel instead, state "three-member Administrative Panel". Note that in such case the Respondent must share in half of the Center's fee for a three-member Administrative Panel, as set out in Supplemental Rules, Annex D. If Complainant has indicated it wants a three-member Administrative Panel, then the Respondent does not have the option of choosing a single-member Administrative Panel].

[9]. [ If the Respondent designates a three-member Administrative Panel, regardless of whether Complainant also designated a three-member Panel, the Respondent must provide the names of three persons, one of whom the Center will endeavor to appoint to the Administrative Panel. The names of these three nominees may be taken from the Center's published list of panelists or that of any other ICANN-accredited dispute resolution service provider]

E. Other Legal Proceedings

(Rules, Paragraph 5(c)(vi))

[10]. [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).]

F. Communications

(Rules, Paragraph 5(c)(vii); Supplemental Rules, Paragraph 3)

[11]. A copy of this Response is being sent or transmitted to the Complainant on [date] by [indicate method(s) of communication], using the following contact details [indicate contact details used, with reference to those provided in the Complaint].

G. Payment

(Rules, Paragraph 5(d), Supplemental Rules, Annex D)

[12]. In view of the Complainant's designation of a single-member Panel and the Respondent's designation of a three-member Panel, the Respondent hereby submits payment in the amount of USD [amount] by *** Specify one ***Bank transferCheckDeduction from WIPO current accountCredit card [method]. (Payment by credit card should be made using the Center's secure online payment facility. For any payment-related queries or difficulties, please contact the Center Secretariat on (+41 22) 338 8247, or email the Center at arbiter.mail@wipo.int.)

Additional information, if any:

H. Certification

(Rules, Paragraph 5(b)(viii), Supplemental Rules, Paragraph 15)

[13]. The Respondent hereby agrees that, in accordance with Supplemental Rules, Paragraph 15, except in respect of deliberate wrongdoing, an Administrative Panel, the World Intellectual Property Organization and the Center shall not be liable to a party, a concerned registrar or ICANN for any act or omission in connection with the administrative proceeding.

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

I. Annexures

(Rules, Paragraph 5(c), Supplemental Rules, Paragraph 12, Annex E)

[15] The Rules provide that a Complaint or Response, including any annexes, shall be submitted electronically. Under the WIPO Supplemental Rules, there is a file size limit of 10MB (ten megabytes) for any one attachment, with an overall limit for all submitted materials of no more than 50MB (fifty megabytes).

[16] In particular, paragraph 12 and Annex E of the WIPO Supplemental Rules provides that, other than by prior arrangement with the Center, the size of any individual file (such as a document in Word, PDF or Excel format) transmitted to the Center in connection with any UDRP proceeding shall itself be no larger than 10MB. When larger amounts of data need to be transmitted, larger files can be "split" into a number of separate files or documents each no larger than 10MB. The total size of a Complaint or Response (including any annexes) filed in relation to a UDRP dispute shall not exceed 50MB, other than in exceptional circumstances (including in the case of pleadings concerning a large number of disputed domain names) where previously arranged with the Center.

Add more annexes (maximum 10)

Annex 1:

Annex 2:

Annex 3:

Annex 4:

Annex 5:

[Additionally, to avoid any uncertainty, it is requested that any Annexes ( and their corresponding filenames) be clearly labeled and sequentially numbered (i.e. Annex 1, 2, 3 etc), and a complete list of Annexes supplied].

Respectfully submitted, (required)