UNIFORM RAPID SUSPENSION SYSTEM (“URS”)
1 March 4 JUNE 20122013
DRAFT PROCEDURE
1.

Complaint
1.1

Filing the Complaint
1.1.1a) Proceedings are initiated by electronically filing with a URS Provider aComplaint outlining the trademark rights and the actions complained ofentitling the trademark holder to relief.
1.1.2b) Each Complaint must be accompanied by the appropriate fee, which isunder consideration. The fees are will be non-refundable.
1.1.3c) One Complaint is acceptable for multiple related companies against one
Registrant, but only if the companies complaining are related. Multiple
Registrants can be named in one Complaint only if it can be shown that they arein some way related. There will not be a minimum number of domain names
imposed as a prerequisite to filing.

1.2

Contents of the Complaint
The form of the Complaint will be submitted using simple and as formulaic as possiblea
form made available by the Provider. There will be a
Form Complaint. The Form Complaint shall include space for the following:
1.2.1

Name, email address and other contact information for the Complaining Party(Parties).

1.2.2

Name, email address and contact information for any person authorized to act
on behalf of Complaining Parties.

1.2.3

Name of Registrant (i.e. relevant information available from Whois) and Whois
listed available contact information for the relevant domain name(s).

1.2.4

The specific domain name(s) that are the subject of the Complaint. For eachdomain name, the Complainant shall include a copy of the currently available
Whois information and a description and copy, if available, of the offending
portion of the website content associated with each domain name that is the
subject of the Complaint.

1.2.5

The specific trademark/service marks upon which the Complaint is based andpursuant to which the Complaining Parties are asserting their rights to them, forwhich goods and in connection with what services.

1.2.6

An indication statement of the grounds upon which the Complaint is based
setting forth facts showing that the Complaining Party is entitled to relief,
namely:1.2.6.1. that the registered domain name is identical or confusingly similar to aword mark: (i) for which the Complainant holds a valid national orregional registration and that is in current use; or (ii) that has beenvalidated through court proceedings; or (iii) that is specifically protectedby a statute or treaty in effect at the time the URS complaint is filed.
a. Use can be shown by demonstrating that evidence of use – which
can be a declaration and one specimen of current use in commerce–- was submitted to, and validated by, the Trademark Clearinghouse)b. Proof of use may also be submitted directly with the URS Complaint.
and1.2.6.2. that the Registrant has no legitimate right or interest to the domain
name;
and
1.2.6.3. that the domain was registered and is being used in bad faith.
A non-exclusive list of circumstances that demonstrate bad faith registration
and use by the Registrant include:a.

Registrant has registered or acquired the domain nameprimarily for the purpose of selling, renting or otherwisetransferring the domain name registration to the complainant
who is the owner of the trademark or service mark or to acompetitor of that complainant, for valuable consideration inexcess of documented out-of pocket costs directly related tothe domain name; orb.

Registrant has registered the domain name in order to preventthe trademark holder or service mark from reflecting the markin a corresponding domain name, provided that Registrant has
engaged in a pattern of such conduct; orc.

Registrant registered the domain name primarily for the
purpose of disrupting the business of a competitor; ord.

By using the domain name Registrant has intentionally
attempted to attract for commercial gain, Internet users toRegistrant’s web site or other on-line location, by creating alikelihood of confusion with the complainant’s mark as to thesource, sponsorship, affiliation, or endorsement of Registrant’s
web site or location or of a product or service on that web siteor location.
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1.2.7A box in which the Complainant may submit up to 500 words of explanatory
free form text.

1.2.8. An attestation that the Complaint is not being filed for any improper basis andthat there is a sufficient good faith basis for filing the Complaint.

2.

Fees
2.1

Fees as set for in the Provider’s fee schedule shall be submitted with the filed
ComplaintURS Provider will charge fees to the Complainant. Fees are thought to be in therange ofUSD 300 per proceeding, but will ultimately be set by the Provider.
2.2

3.

4.

Complaints listing fifteen (15) or more disputed domain names registered by the sameregistrant will be subject to a Response Fee which will be refundable to the prevailingparty. Under no circumstances shall the Response Fee exceed the fee charged to theComplainant.

Administrative Review
3.1

Complaints will be subjected to an initial administrative review by the URS Provider forcompliance with the filing requirements. This is a review to determine that theComplaint contains all of the necessary information, and is not a determination as towhether a prima facie case has been established.

3.2

The Administrative Review shall be conducted within two (2) business days ofsubmission of the Complaint to the URS Provider.

3.3

Given the rapid nature of this Procedure, and the intended low level of required fees,
there will be no opportunity to correct inadequacies in the filing requirements.

3.4

If a Complaint is deemed non-compliant with filing requirements, the Complaint will bedismissed without prejudice to the Complainant filing a new complaint. The initial filingfee shall not be refunded in these circumstances.

Notice and Locking of Domain
4.1

Upon completion of the Administrative Review, the URS Provider must immediately
notify the Rregistry Ooperator (via email) (“Notice of Complaint”) after the Complaint
has been deemed compliant with the filing requirements. Registry Operator notice shall
include a copy of the Complaint. Within 24 hours of receipt of the Notice of Complaint
from the URS Provider, the Rregistry Ooperator shall “lock” the domain, meaning theregistry shall restrict all changes to the registration data, including transfer and deletionof the domain names, but the name will continue to resolve. The Rregistry Ooperator
will notify the URS Provider immediately upon locking the domain name (”Notice ofLock”).

4.2

Within 24 hours after receiving Notice of Lock from the Rregistry Ooperator, the URS
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Provider shall notify the Registrant of the Complaint (“Notice of Complaint”), sending a
hard copy of the Notice of Complaint to the addresses listed in the Whois contact
information, and providing an electronic copy of the Complaint, advising of the locked
status, as well as the potential effects if the Registrant fails to respond and defend
against the Complaint. Notices must be clear and understandable to Registrants locatedglobally. The Notice of Complaint shall be in English and translated by the Provider into
the predominant language used in the Rregistrant’s country or territory.

5.

4.3

The All Notice of Complaints to the Registrant shall be sent through email, fax(where available) and postal mail. The Complaint and accompanying exhibits, ifany, shall be served electronically.

4.4

The URS Provider shall also electronically notify the Rregistrar of record for the domainname at issue via the addresses the registrar has on file with ICANN.

The Response
5.1

A Registrant will have 14 Ccalendar Ddays from the date the URS Provider sent its Notice
oofComplaint to the Registrant to electronically file a Response with the URS Provider.
Upon receipt, the Provider will electronically send a copy of the Response, andaccompanying exhibits, if any, to the Complainant.
5.2

Respondent shall pay a Response Fee as set forth in section 2.2 above if the Complaint
lists fifteen (15) or more disputed domain names against the same Registrant. In the caseof fifteen (15) or more disputed domain names, the Response Fee will be refundable tothe prevailing party. No additional No filing fee will be charged if the Registrant files its
Response prior to being declared in default or not more than thirty (30) Calendar Ddays
following a Default Determination. For Responses filed more than thirty (30) Calendar
Ddays after a Default Determination, regardless of the number of domain names in the
Complaint, shall the Registrant should pay a reasonable non-refundable fee set forth in
the Provider Supplemental Rules for re-examination (in addition to any applicable , plus a
Response Fee as set forth in section 2.2 above if the Complaint lists twenty-six (26) ormore disputed domain names against the same registrant. The Response Fee will be
refundable to the prevailing partyrequired in URS Procedure 2.2).

5.3

Upon request by the Registrant, a limited extension of time to respond may be grantedby the URS Provider if there is a good faith basis for doing so and if the request is
received during the Response period, after Default, or not more that thity (30)
Calendar Days after Determination. In no event shall the extension be for more thanseven (7) Ccalendar Ddays.

5.4

The Response shall be no longer than 2,500 words, excluding attachments, and thecontent of the Response should include the following:
5.4.1

Confirmation of Registrant data.

5.4.2

Specific admission or denial of each of the grounds upon which the Complaint isbased.
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5.4.3Any defense which contradicts the Complainant’s claims.

5.4.4

A statement that the contents are true and accurate.

5.5

In keeping with the intended expedited nature of the URS and the remedy afforded to a
successful Complainant, affirmative claims for relief by the Registrant will not be
permitted except for an allegation that the Complainant has filed an abusive Complaint.

5.6

Once the Response is filed, and the URS Provider determines that the Response iscompliant with the filing requirements of a Response (which shall be on the sameday), the Complaint, Response and supporting materials will immediately be sent toa qualified Examiner, selected by the URS Provider, for review and Determination.
All materials submitted are considered by the Examiner.

5.7

The Response can contain any facts refuting the claim of bad faith registration by settingout any of the following circumstances:
5.7.1

Before any notice to Registrant of the dispute, Registrant’s use of, ordemonstrable preparations to use, the domain name or a name corresponding
to the domain name in connection with a bona fide offering of goods orservices; or

5.7.2

Registrant (as an individual, business or other organization) has been commonly
known by the domain name, even if Registrant has acquired no trademark orservice mark rights; or

5.7.3

Registrant is making a legitimate or fair use of the domain name, without intent
for commercial gain to misleadingly divert consumers or to tarnish thetrademark or service mark at issue.

Such claims, if found by the Examiner to be proved based on its evaluation of allevidence, shall result in a finding in favor of the Registrant.
5.8

The Registrant may also assert Defenses to the Complaint to demonstrate that theRegistrant’s use of the domain name is not in bad faith by showing, for example, one of
the following:
5.8.1

The domain name is generic or descriptive and the Registrant is making fair useof it.

5.8.2

The domain name sites are operated solely in tribute to or in criticism of aperson or business that is found by the Examiner to be fair use.

5.8.3

Registrant’s holding of the domain name is consistent with an express term of awritten agreement entered into by the disputing Parties and that is still in effect.

5.8.4

The domain name is not part of a wider pattern or series of abusive registrations
because the Domain Name is of a significantly different type or character to otherURS-5

domain names registered by the Registrant.
5.9

Other factors for the Examiner to consider:
5.9.1

Trading in domain names for profit, and holding a large portfolio of domainnames, are of themselves not indicia of bad faith under the URS. Such conduct,
however, may be abusive in a given case depending on the circumstances of the
dispute. The Examiner must review each case on its merits.

5.9.2 Sale of traffic (i.e. connecting domain names to parking pages and earning
click- per-view revenue) does not in and of itself constitute bad faith under
the URS.Such conduct, however, may be abusive in a given case dependingon the circumstances of the dispute. The Examiner will take into account:
5.9.2.1. the nature of the domain name;
5.9.2.2. the nature of the advertising links on any parking page associated withthe domain name; and5.9.2.3. that the use of the domain name is ultimately the Registrant’s
responsibility.

6.

Default
6.1
If at the expiration of the 14 Calendar D-day answeray Response period (or extended period
if granted), theRegistrant does not submit an answer, the Complaint proceeds to Default.
6.2

In either case, the Provider shall provide Notice of Default via email to the Complainant
and Registrant, and via mail and fax to Registrant. During the Default period, theRegistrant will be prohibited from changing content found on the site to argue that it is
now a legitimate use and will also be prohibited from changing the Whois information.

6.3

All Default cases proceed to Examination for review on the merits of the claim.

6.4

If after Examination in Default cases, the Examiner rules in favor of Complainant,Registrant shall have the right to seek relief from Default via de novo review by filing a
Response at any time up to six months after the date of the Notice of Default. The
Registrant will also be entitled to request an extension of an additional six months if theextension is requested before the expiration of the initial six-month period.

6.5

If a Response is filed after: (i) the Respondent was in Default (so long as the Response isfiled in accordance with 6.4 above); and (ii) proper notice is provided in accordance with
the notice requirements set forth above, the domain name shall again resolve to theoriginal IP address as soon as practical, but shall remain locked as if the Response had
been filed in a timely manner before Default. The filing of a Response after Default is not
an appeal; the case is considered as if responded to in a timely manner.

6.5

If after Examination in Default case, the Examiner rules in favor of Registrant, the
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Provider shall notify the Registry Operator to unlock the name and return full control ofthe domain name registration to the Registrant.

7.

8.

Examiners
7.1

One Examiner selected by the Provider will preside over a URS proceeding.

7.2

Examiners should have demonstrable relevant legal background, such as in trademark
law, and shall be trained and certified in URS proceedings. Specifically, Examiners shallbe provided with instructions on the URS elements and defenses and how to conduct
the examination of a URS proceeding.

7.3

Examiners used by any given URS Provider shall be rotated to the extent feasible to avoid“forum or examiner shopping.” URS Providers are strongly encouraged to work equallywith all certified Examiners, with reasonable exceptions (such as language needs, nonperformance, or malfeasance) to be determined on a case by case analysis.

Examination Standards and Burden of Proof
8.1

The standards that the qualified Examiner shall apply when rendering its Determination
are whether:
8.1.2 The registered domain name is identical or confusingly similar to a word mark: (i)for which the Complainant holds a valid national or regional registration and thatis in current use; or (ii) that has been validated through court proceedings; or (iii)that is specifically protected by a statute or treaty currently in effect and thatwas in effect at the time the URS Complaint is filed; and8.1.2.1

Use can be shown by demonstrating that evidence of use – which canbe a declaration and one specimen of current use – was submitted to,and validated by, the Trademark Clearinghouse.

8.1.2.2 Proof of use may also be submitted directly with the URS Complaint.
8.1.2 The Registrant has no legitimate right or interest to the domain name; and8.1.3 The domain was registered and is being used in a bad faith.
8.2

The burden of proof shall be clear and convincing evidence.

8.3

For a URS matter to conclude in favor of the Complainant, the Examiner shall render aDetermination that there is no genuine issue of material fact. Such Determination may
include that: (i) the Complainant has rights to the name; and (ii) the Registrant has norights or legitimate interest in the name. This means that the Complainant must present
adequate evidence to substantiate its trademark rights in the domain name (e.g.,
evidence of a trademark registration and evidence that the domain name was registeredand is being used in bad faith in violation of the URS).

8.4

If the Examiner finds that the Complainant has not met its burden, or that genuine issues
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of material fact remain in regards to any of the elements, the Examiner will reject theComplaint under the relief available under the URS. That is, the Complaint shall bedismissed if the Examiner finds that evidence was presented or is available to the
Examiner to indicate that the use of the domain name in question is a non-infringing use
or fair use of the trademark.

9.

8.5

Where there is any genuine contestable issue as to whether a domain name registration
and use of a trademark are in bad faith, the Complaint will be denied, the URS
proceeding will be terminated without prejudice, e.g., a URS Appeal, UDRP, or a court
proceeding or another URS may be filedutilized. The URS is not intended for use in any
proceedings with open questions of fact, but only clear cases of trademark abuse.

8.6

To restate in another way, if the Examiner finds that all three standards are satisfied byclear and convincing evidence and that there is no genuine contestable issue, then the
Examiner shall issue a Determination in favor of the Complainant. If the Examiner findsthat any of the standards have not been satisfied, then the Examiner shall deny therelief requested, thereby terminating the URS proceeding without prejudice to theComplainant to proceed with an action in court of competent jurisdiction or under the
UDRP.

Determination
9.1

There will be no discovery or hearing; the evidence will be the materials submitted with
the Complaint and the Response, and those materials will serve as the entire record
used by the Examiner to make a Determination.

9.2

If the Complainant satisfies the burden of proof, the Examiner will issue a Determinationin favor of the Complainant. The Determination will be published on the URS Provider’swebsite. However, there should be no other preclusive effect of the Determination
other than the URS proceeding to which it is rendered.

9.3

If the Complainant does not satisfy the burden of proof, the URS proceeding isterminated and full control of the domain name registration shall be returned to theRegistrant.

9.4

Determinations resulting from URS proceedings will be published by the service URS
Provider on the Provider’s website in accordance with the Rulesprovider in a format
specified by ICANN.

9.5

Determinations shall also be emailed by the URS Provider to the Registrant, theComplainant, the Registrar, and the Registry Operator, and shall specify the remedy andrequired actions of the Rregistry Ooperator to comply with the Determination.

9.6

To conduct URS proceedings on an expedited basis, examination should begin
immediately upon the earlier of the expiration of a fourteen (14) day Response period(or extended period if granted), or upon the submission of the Response. A
Determination shall be rendered on an expedited basis, with the stated goal that it berendered within three (3) Bbusiness Ddays from when Examination began. Absent
extraordinary circumstances, however, Determinations must be issued no later than fiveURS-8

(5) days after the Response is filed. Implementation details will be developed toaccommodate the needs of service providers once they are selected. (The tender offer
for potential service providers will indicate that timeliness will be a factor in the award
decision.)10.

Remedy10.1

If the Determination is in favor of the Complainant, the decision shall be immediatelytransmitted to the Rregistry Ooperator, the Complainant, the Respondent and theRegistrar.

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11.

10.2

Immediately upon receipt of the Determination, the Rregistry Ooperator shall suspend
the domain name, which shall remain suspended for the balance of the registration
period and would not resolve to the original web site. The Registry Operator shall cause
the nameservers shall beto redirected to an informational web page provided by the
URS Provider about the URS. The URS Provider shall not be allowed to offer any otherservices on such page, nor shall it directly or indirectly use the web page for advertising
purposes (either for itself or any other third party). The Whois for the domain nameshall continue to display all of the information of the original Registrant except for theredirection of the nameservers. In addition, the Registry Operator shall cause the Whois
shall to reflect that the domain name will not be able to be transferred, deleted or
modified for the life of the registration.

10.3

There shall be an option for a successful Complainant to extend the registration period
for one additional year at commercial rates.

10.4

No other remedies should be available in the event of a Determination in favor of theComplainant.

10.5

If the Examiner rules in favor of Respondent, the Provider shall notify the Registry Operator
to unlock the name and return full control of the domain name registration to theRegistrant.

Abusive Complaints
11.1

The URS shall incorporate penalties for abuse of the process by trademark holders.

11.2

In the event a party is deemed to have filed two (2) abusive Complaints, or one (1)“deliberate material falsehood,” that party shall be barred from utilizing the URS for
one-year following the date of issuance of a Determination finding a complainant tohave: (i) filed its second abusive complaint; or (ii) filed a deliberate material falsehood.

11.23 A Complaint may be deemed abusive if the Examiner determines:
11.23.1 it was presented solely for improper purpose such as to harass, cause
unnecessary delay, or needlessly increase the cost of doing business; and11.23.2 (i) the claims or other assertions were not warranted by any existing law or the
URS standards; or (ii) the factual contentions lacked any evidentiary support
11.34 An Examiner may find that Complaint contained a deliberate material falsehood if it
contained an assertion of fact, which at the time it was made, was made with theknowledge that it was false and which, if true, would have an impact on the outcome on
the URS proceeding.
11.4

In the event a party is deemed to have filed two (2) abusive Complaints, or one (1)“deliberate material falsehood,” that party shall be barred from utilizing the URS for
one-year following the date of issuance of a Determination finding a complainant to
URS-10have: (i) filed its second abusive complaint; or (ii) filed a deliberate material falsehood.
11.5

Two findings of “deliberate material falsehood” shall permanently bar the party
Complainant from utilizing the URS.

11.6

URS Providers shall be required to develop a process for identifying and tracking barred
parties, and parties whom Examiners have determined submitted abusive complaints ordeliberate material falsehoods.

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12.

11.7

The dismissal of a complaint for administrative reasons or a ruling on the merits, in itself,shall not be evidence of filing an abusive complaint.

11.8

A finding that filing of a complaint was abusive or contained a deliberate materiallyfalsehood can be appealed solely on the grounds that an Examiner abused his/her
discretion, or acted in an arbitrary or capricious manner.

Appeal12.1

Either party shall have a right to seek a de novo appeal of the Determination based on
the existing record within the URS proceeding for a reasonable fee to cover the costs of
the appeal. An appellant must identify the specific grounds on which the party isappealing, including why the appellant claims the Examiner’s Determination wasincorrect.

12.2

The fees for an appeal shall be borne by the appellant. A limited right to introduce newadmissible evidence that is material to the Determination will be allowed upon paymentof an additional fee, provided the evidence clearly pre-dates the filing of the Complaint.
The Appeal Panel, to be selected by the Provider, may request, in its sole discretion,
further statements or documents from either of the Parties.

12.3

Filing an appeal shall not change the domain name’s resolution. For example, if thedomain name no longer resolves to the original nameservers because of a
Determination in favor or the Complainant, the domain name shall continue to point to
the informational page provided by the URS Provider. If the domain name resolves tothe original nameservers because of a Determination in favor of the registrant, it shallcontinue to resolve during the appeal process.

12.4

An Aappeal must be filed within fourteen (14) days after a Default or Final Determination
is issued and any Response must be filed fourteen (14) days after an appeal is filed.

12.5

If a respondent has sought relief from Default by filing a Response within six months (orthe extended period if applicable) of issuance of initial Determination, an appeal mustbe filed within 14 days from date the second Determination is issued and any Responsemust be filed 14 days after the appeal is filed.

12.56 Notice of Aappeal and findings by the Aappeals Ppanel shall be sent by the URS
Provider via e-mailelectronically to the Registrant, the Complainant, the Registrar, andthe Registry Operator.
12.67 The Providers’ rules and procedures for appeals, other than those stated above, shallapply.
13.

Other Available Remedies
The URS Determination shall not preclude any other remedies available to the appellant, such as
UDRP (if appellant is the Complainant), or other remedies as may be available in a court ofcompetentition jurisdiction. A URS Determination for or against a party shall not prejudice the
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party in UDRP or any other proceedings.
14.

Review of URS
A review of the URS procedure will be initiated one year after the first Examiner Determination isissued. Upon completion of the review, a report shall be published regarding the usage of theprocedure, including statistical information, and posted for public comment on the usefulness
and effectiveness of the procedure.

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