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Domain Names - Enforcement & Remedies

Who can file a complaint identical Domain Names:

A complaint may be filed at the .IN Registry on the following premises:
  1. The Registrant's domain name is identical or confusingly similar to a name, trademark or service mark in which the Complainant has rights;
  2. The Registrant has no rights or legitimate interests in respect of the domain name; and
  3. The Registrant's domain name has been registered or is being used in bad faith.
Once the Registry has received a complaint, thprocedure listed below should be taken to resolve the dispute:
  1. The .IN Registry shall appoint an Arbitrator out of the list of arbitrators maintained by the Registry. The List of the Arbitrators shall be published on line by the .IN Registry on its website at www.registry.in.
  2. The Arbitrator shall conduct the Arbitration Proceedings in accordance with the Arbitration & Conciliation Act 1996 as amended from time to time and also in accordance with this Policy and rules provided thereunder.

Evidence of Bad Faith:

  1. The Registrant has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant, who bears the name or is the owner of the trademark or service mark, or to a competitor of that Complainant, for valuable consideration in excess of the Registrant's documented out-of-pocket costs directly related to the domain name; or
  2. The Registrant has 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 the Registrant has engaged in a pattern of such conduct; or
  3. The Registrant has intentionally attempted to attract Internet users to the Registrant's website or other on-line location, by creating a likelihood of confusion with the Complainant's name or mark as to the source, sponsorship, affiliation, or endorsement of the Registrant's website or location or of a product or service on the Registrant's website or location.

Evidence of Good Faith:

  1. The Registrant use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services;
  2. The Registrant has been commonly known by the domain name, even if the Registrant has acquired no trademark or service mark rights; or
  3. The Registrant 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 or service mark at issue.

Remedies

  1. Cancellation of the Registrant's domain name or
  2. Transfer of the Registrant's domain name registration to the Complainant.

How to File a Complaint

The Complaint and the annexure attached to it shall be submitted in hard copy and as far as possible in electronic form also and shall incorporate the following:
  1. A request that the Complaint be submitted to arbitration in accordance with the Dispute Resolution Policy and the Rules framed there under,
  2. State the name, postal and e-mail addresses, and the telephone and facsimile numbers of the Complainant and of any representative authorized to act for the Complainant in the arbitration proceeding and also specify a preferred method of communication to it i.e. by email, postal mail or facsimile.
  3. Provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and facsimile numbers) known to the Complainant regarding how to contact the Respondent including contact information based on any pre-Complaint dealings, to allow the .IN Registry to send the Complaint to the Respondent as described in Paragraph 2(a) above;
  4. Specify the domain name, which is the subject of the Complaint;
  5. 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, with which the mark is used. The Complainant may also separately describe other goods and services with which it intends, at the time the complaint is submitted, to use the mark in the future;
  6. Describe, in accordance with the Domain Name Dispute Resolution Policy, the grounds on which the Complaint is made including, in particular,
  7. Specify, in accordance with the Dispute Resolution Policy, the remedies sought;
  8. Identify any other legal proceedings that have been commenced or terminated in connection with or relating to the domain name that is the subject of the Complaint;
  9. Conclude with the following statement followed by the signature of the Complainant or its authorized representative:
    "The Complainant, by submitting the Complaint agrees to the settlement of the dispute, regarding the domain name which is the object of the Complaint by final and binding arbitration in India in accordance with the Arbitration and Conciliation Act, 1996 , the .IN Domain Name Dispute Resolution Policy of .IN Registry ; Rules of Procedure and any bye-laws, ules or guidelines framed there under."
    "Complainant agrees that its claims 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 the .IN REGISTRY, as well as their directors, officers, employees, and agents and the arbitrator who will hear the dispute.
    "The Complainant by submitting this Complaint agrees that the decision of the Arbitrator to be appointed in this matter may be made public and may be published on the website including without limitation other forms of publication of the .IN REGISTRY."
    "Complainant certifies that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass the Respondent etc.
  10. Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name in dispute and any trademark or service mark registration upon which the Complaint relies, together with a schedule indexing such evidence.

All Complaints should be addressed to:

.IN Registry
c/o NIXI (National Internet eXchange of India)
Regd. Office: Flat No. 6B, 6th Floor, Uppals M6 Plaza,
Jasola District Centre, New Delhi-110025
India
Tel.: +91-11-48202011
Tel. : +91-11-48202000
Fax: +91-11-48202013
E-Mail: registry@nixi.in

Notification of Complaint

The .IN Registry shall on receipt of the prescribed fees, forward the Complaint to the Respondent, within three (3) working days if it is found in accordance with the Dispute Resolution Policy and Rules of Procedure.
If the .IN Registry finds the Complaint to be not in accordance with the Dispute Resolution Policy and the Rules of Procedure, it shall within three (3) working days notify the Complainant of the deficiencies identified. The Complainant shall have five (5) working days within which to correct any such deficiencies, failing which the arbitration proceeding will be deemed withdrawn without prejudice to submission of another Complaint by the Complainant in respect of the same domain name.
The .IN Registry on receipt of the complaint after correction of the deficiencies shall appoint an arbitrator from the list of arbitrators and forward the Complaint and documents to the Respondent and to the Arbitrator for adjudicating upon the dispute in accordance with the Arbitration and Conciliation Act 1996, Rules framed there under, Dispute Resolution Policy & rules framed there under.
The date of commencement of the arbitration proceeding shall be the date on which the Arbitrator issues notice to the Respondent as stipulated under Paragraph 5 (c) of these Rules of Procedure.

Appointment of the Panel and Timing of Decision

The .IN Registry shall appoint, within five (5) working days following receipt of the Complaint after removal of objections if any, an Arbitrator from the .IN Registry's list of Arbitrators and shall forward to him the Complaint and documents annexed thereto. The fees shall be paid entirely by the Complainant.
Once the arbitrator is appointed the .IN Registry shall notify the parties of the Arbitrator appointed. The Arbitrator shall pass a reasoned award and shall put forward a copy of it immediately to the Complainant, Respondent and the .IN Registry. The award shall be passed within 60 days from the date of commencement of arbitration proceeding. In exceptional circumstances this period may be extended by the Arbitrator maximum for 30 days. However, the Arbitrator shall give the reasons in writing for such extension.
Within 3 days from the receipt of the complaint the Arbitrator shall issue a notice to the Respondent.
d. The Arbitrator shall ensure that copies of all documents, replies, rejoinders, applications, orders passed from time to time be forwarded to .IN Registry immediately for its records and for maintaining the transparency in the proceedings.
A Party may challenge an arbitrator's impartiality or independence by filing a written request to the .IN Registry within seven (7) calendar days of the date of receipt of the notice of appointment of the Arbitrator in question, stating the circumstances likely to give rise to justifiable doubt as to the relevant Arbitrator's impartiality or independence, together with specific reasons therefore. The .IN Registry, in its sole discretion, shall decide whether such doubts are justified, and if the .IN Registry so finds, the .IN Registry may remove the Arbitrator against whom the challenge was made and replace such Arbitrator with another arbitrator from the .IN Registry's list of arbitrators.

Communication Between Parties and the Arbitrator

No Party or anyone acting on its behalf may have any unilateral communication with an Arbitrator. All communications between a Party and the Arbitrator, or between a Party and the .IN Registry shall be made in the manner prescribed in these Rules of Procedure.
In the absence of exceptional circumstances as determined by the Arbitrator in its sole discretion, the Arbitrator shall forward its decision on the Complaint to the .IN Registry within Sixty (60) calendar days of commencement of the Arbitration Proceedings.
Within five (5) working days after receiving the decision from the Arbitrator, the .IN Registry shall communicate the full text of the decision to each Party and shall also communicate to each Party, the date for the implementation of the decision.

Settlement or Other Grounds for Termination

  1. If, before the Arbitrator's decision, the Parties agree on a settlement, the Arbitrator shall terminate the arbitration proceeding and enter the settlement as the decision of the Arbitrator.

Fees

  1. The Complainant shall pay to the .IN Registry the prescribed fee, in accordance with the .IN Registry's schedule of fees, within the time and in the amount required. All check/bank draft towards the .IN Registry administration charges and payment of the Arbitrator's fee shall be drawn in favor of 'NATIONAL INTERNET EXCHANGE OF INDIA'.
  2. No action shall be taken by the .IN Registry on a Complaint until it has received from Complainant the prescribed fee.
  3. The fees for adjudication of the dispute shall be payable as per the schedule given below. In case the Arbitrator calls for personal hearings, the fees for personal hearing shall be shared by the parties equally. However if any party requests for personal hearing and that request is allowed by the Arbitrator, the fees for personal hearing shall be payable by the party making such request.
  4. In case the arbitration proceedings are deemed to be withdrawn as stipulated under Paragraph 4 (b) above, the Registry Administration Fee shall be forfeited by the .IN Registry.
  5. No interest whatsoever shall be payable by the .IN Registry in respect to any money deposited with it in accordance with this policy.
  6. Venue of personal hearing will be the notified address of the arbitrator.
All disputes shall be subject to the jurisdiction of Delhi courts only.
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