Sunrise Dispute Resolution Policy(Version 1.0)
June 30, 2014

ContentsContents................................................................................................................................................................................................... 2
1. Purpose ............................................................................................................................................................................................... 3
2. Applicable Disputes ........................................................................................................................................................................ 3
3. Evidence and Defenses ................................................................................................................................................................. 4
4. Remedies ............................................................................................................................................................................................ 4
5. Procedure ........................................................................................................................................................................................... 4
6. Maintaining the Status Quo ........................................................................................................................................................ 5
7. Indemnification/ Hold Harmless ............................................................................................................................................... 5
8. Relation to Other Dispute Resolution Policies..................................................................................................................... 6
9. Indemnification/ Hold Harmless ............................................................................................................................................... 6
10. Relation to Other Dispute Resolution Policies .................................................................................................................. 62Sunrise Dispute Resolution Policy | BusinessRalliart Inc.

This Sunrise Dispute Resolution Policy (the “SDRP”) is incorporated by reference into theRegistration Agreement. This SDRP is effective as of June 30, 2014. An SDRP Complaint may
be filed against a domain name registered during the .okinawa sunrise period, until 120 days
after the close of sunrise.

1. Purpose
Domain names in the .okinawa TLD (“the TLD”) can be registered by third parties or reservedby the Registry. This SDRP describes the process and standards that will be applied to resolve
challenges alleging that a domain name has been registered, or has been declined to beregistered, in violation of the Registry’s SDRP criteria. This SDRP will not be applied toRegistry-reserved names in the TLD.

2. Applicable Disputes
A registered domain name in the TLD will be subject to an administrative proceeding upon
submission of a complaint that the Sunrise Registration was improper under one or more of
the following criteria.
a. Improper Sunrise Registration-Trademarks1
A complaint under this section shall be required to show by reasonable evidence thata registered domain name in the TLD does not comply with the provisions of theRegistry’s Sunrise Program. The complaint must prove one or more of the followingelements:
i. at time the challenged domain name was registered, the registrant did not hold a
trademark registration of national effect (or regional effect) or the trademark had
not been court-validated or protected by statute or treaty;
ii. the domain name is not identical to the mark on which the registrant based its
Sunrise registration;2iii. the trademark registration on which the registrant based its Sunrise registration is
not of national effect (or regional effect) or the trademark had not been courtvalidated or protected by statute or treaty; ord. SDRP Effective Dates
Any SDRP claim brought under this Policy for domain names registered in the .okinawa TLD
shall be brought before 120 days after the conclusion of Sunrise.

1Applicant Guidebook 4 June 2012, Module 5, Page 8, Article 6.2.4. A dispute under this section also addresses theTLD Criteria from ICANN’s Trademark Clearinghouse Rights Protection Mechanism Requirements [published 30September 2013], Article 2.3.6 and Article 2.3.1.4. The Forum’s SDRP does not interact with (nor instruct) theTrademark Clearinghouse and is limited to adjudicating disputes over the Registry’s registration and allocation of
domain names during the sunrise period.
2
For the purposes of analysis of this element, neither the gTLD itself, nor the “dot,” shall be considered.
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3. Evidence and Defenses
a. EvidencePanelists will review the Registry’s Sunrise Criteria, allocation requirements, or communitybased eligibility requirements which are required to be submitted with the Complaint, asapplicable, in making its decision.
b. Defenses
Harmless error. A Respondent may produce evidence to show that, although the Sunriseregistration was granted based on submission of the wrong documents, or documents
containing an error, the true and correct evidence existed at the time the Sunrise registration
was applied for and, thus, the registration would have been granted.

4. Remedies
The remedies available to a complainant for a proceeding under this SDRP shall be limited to:a. Improper Sunrise Registration
If the Panelist finds that the domain name was improperly registered during the Sunrise
period, the sole remedy for a Complaint filed under SDRP 2(a) shall be cancellation of theregistration and return of the cancelled domain name to the pool of available names available
for registration in the TLD. If the Complainant independently qualifies to register the domain
name, either as a regular or defensive/blocking registrant, such application may be made to
the Registry, or registrar, as applicable.
In the event an SDRP dispute is brought by an auction bidder for the same domain name, theauction will be suspended until the dispute is resolved.

5. Procedurea. Dispute Resolution Provider / Selection of Procedure
A Complaint under this SDRP shall be submitted to the National Arbitration Forum (“Forum”)
by submitting the complaint directly to the Forum. The Forum will administer the proceedingand select a qualified and eligible Panelist (“Panelist”). The Forum has established Rules for
National Arbitration Forum’s Sunrise Dispute Resolution Policy (“Rules”), setting forth a feeschedule and other technical and process requirements for handling a dispute under thisSDRP. The proceedings under this SDRP will be conducted according to this SDRP and theapplicable Rules of the Forum.
b. Registry’s or Registrar’s Involvement
Neither the Registry nor registrar will participate in the administration or conduct of any
proceeding before a Panelist. In any event, neither the Registry nor the registrar is or will beliable as a result of any decisions rendered by the Panelist. Any Sunrise-registered domainnames in the TLD involved in a SDRP proceeding will be locked against transfer to anotherdomain name holder or another registrar during the course of a proceeding. In the case of aclaim under SDRP 2(c), the Registry will prevent other parties from registering theunregistered domain name at issue until a decision is reached. The contact details of theholder of a registered domain name in the TLD, against which a complaint has been filed, will
be as shown in the registrar’s publicly available Whois database record for the relevant
registrant. The Registry and the applicable registrar will comply with any Panelist decision andmake all appropriate changes to the status of the domain name registration(s) in their Whois
databases.
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c. Parties
The registrant of a registered domain name in the TLD shall be promptly notified by theForum of the commencement of a dispute under this SDRP, and may contest the allegationsof the complaint or show other cause why the remedy requested in the complaint should not
be granted in accordance with this SDRP. In all cases, the burden of proof shall be on thecomplainant, and default or other failure of the holder of the registered domain name shallnot constitute an admission to any allegation of the complaint. The Forum shall promptly
notify all named parties in the dispute, as well as the registrar and the Registry of any decision
made by a Panelist.
d. Decisions(i) The Panelist may state the basis on which the decision is issued in summary format andmay include such commentary or guidance as the Panelist deems appropriate;(ii) the decision shall state whether a registered domain name in the TLD is to be cancelled or
the status quo maintained; and(iii) decisions made under this SDRP will be publicly published by the Forum on its website.
e. Implementation of a Lock and the Decision
If a Panelist’s decision requires a change to the status of a registered domain name, theRegistry will wait ten (10) business days after communication of the decision before
implementing that decision, unless the registrant submits to the Registry (with a copy to theForum) during that ten (10) day period official documentation (such as a copy of a complaint,
file-stamped by the clerk of the court) that the registrant has commenced a lawsuit topreserve its claimed rights in a court of competent jurisdiction over the parties and theregistered domain name. If such documentation is received no further action shall be taken
until the Registry receives (i) evidence satisfactory to the Registry of an agreed resolution
between the parties; (ii) evidence satisfactory to Registry that registrant’s lawsuit has been
dismissed or withdrawn; or (iii) a copy of an order from such court dismissing such lawsuit orotherwise directing disposition of the registered domain name.
f. Representations and Warranties Parties to a dispute under this SDRP shall warrant that all
factual allegations made in the course thereof are true and correct to the best of theirknowledge, shall remain subject to all representations and warranties made in the course ofregistration of a disputed domain name.

6. Maintaining the Status Quo
During a proceeding under the SDRP, the registered domain name shall be locked against
transfers between registrants and/or registrars and against deletion by registrants.

7. Indemnification/Hold Harmless
The parties shall hold the registrar, the Registry, the Forum, and the Panelist harmless fromany claim arising from operation of the SDRP. Neither party may name the registrar, theRegistry, the Forum, or the Panelist as a party or otherwise include the registrar, the Registry,the Forum, or the Panelist in any judicial proceeding relating to the dispute or theadministration of the SDRP policy. The parties shall indemnify, defend and hold harmless theregistrar, the Registry, the Forum, the Panelist and their respective employees, contractors,
agents and service providers from any claim arising from the conduct or result of a5Sunrise Dispute Resolution Policy | BusinessRalliart Inc.

proceeding under this SDRP. Neither the registrar, the Registry, Forum, the Panelist and theirrespective employees, contractors, agents and service providers shall be liable to a party forany act or omission in connection with any administrative proceeding under this SDRP or thecorresponding Rules. The complainant shall be directly and solely liable to the registrant inthe event the complaint is granted in circumstances where the registrant is lawfully entitled toregistration and use of the registered domain name(s) in the TLD.

8. Relation to Other Dispute Resolution Policies
This SDRP is in addition to and complementary with the Uniform Domain Name Dispute
Resolution Policy (“UDRP”), the Uniform Rapid Suspension System (“URS”) and any charter,
nexus, or eligibility dispute policies adopted by ICANN or the Registry.

9. Effect of Other Proceedings
The administrative proceeding under the SDRP shall not prevent either party from submitting
a dispute concerning the registered domain name in the TLD to concurrent administrativeproceedings or to a court of competent jurisdiction for independent resolution during apending SDRP administrative proceeding or after such proceeding is concluded. Upon noticeof such other proceeding, the SDRP proceeding may be terminated (in the sole discretion ofthe Panelist) in deference to the outcome of such other proceeding.

10. SDRP Modifications
The Registry Operator reserves the right to modify this SDRP at any time subject to the termsof its MoU with the Forum. Such revised SDRP shall be posted on the Forum Website at least
thirty (30) calendar days before it becomes effective;3 unless this SDRP has already been
invoked by the submission of a complaint, in which event the version of the SDRP in effect atthe time it was invoked will apply until the dispute is concluded. In the event that registrant
objects to a change in this SDRP, the sole remedy is to cancel the registration, provided that
registrant will not be entitled to a refund of any fees paid in connection with such registration.

3

Typographical errors may be corrected without notice.
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