 Domain
Name Dispute Resolution Policy Summary
Basic Philosophy: First Come, First Served
When an eligible cooperative claims a Domain Name, they are doing so
guided by the desire to claim the name they have considered, planned for
and perhaps committed to within their organization. While the dotCoop
Operations Center's goal is to support the fair, balanced and efficient
approval of eligibility and access to Domain Names, the experience of
other TLDs suggests that disputes will arise, regardless of who selected a
domain first.
ICANN's Basis for Legitimate Disputes
The Internet Corporation for Assigned Names and Numbers (ICANN) has
long recognized that disputes will arise. Experience has led to the
development of a general policy which provides an avenue to fairly address
and resolve naming disputes. The disputes that will arise are generally
classified as registrations made in "bad faith." ICANN's guidelines
defining "bad faith" are, as follows:
- circumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling, renting,
or otherwise transferring the domain name registration to the
complainant who is the owner of the trademark or service mark or to a
competitor of that complainant, for valuable consideration in excess of
your documented out-of-pocket costs directly related to the domain name;
or
- you have 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 you have engaged in a pattern
of such conduct; or
- you have registered the domain name primarily for the purpose of
disrupting the business of a competitor; or
- by using the domain name, you have intentionally attempted to
attract, for commercial gain, Internet users to your 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 your web site or location or of a product or service on
your web site or location. (NOTE: please see http://www.icann.org/ for the policy in
its entirety.)
A trademark holder can initiate mandatory administrative proceedings by
filing a complaint with an approved dispute resolution service provider.
The World Intellectual Property Organization (WIPO) has been selected to
provide this service by dotCoop.
dotCoop will cancel, transfer, or otherwise make changes to domain name
registrations as rendered by a WIPO ruling.
While these same Guidelines apply to dotCoop, some disputes may warrant
informal facilitation and involvement of dotCoop Operations Center. The
process and policy of .coop dispute resolution and escalation process are
based on a five level process, of which dotCoop Operations Center are
involved in two levels (Level 2 and Level 3). The process and policy are
defined below.
dotCoop LLC and dotCoop Operations Center Rights
Under its license from ICANN, dotCoop LLC, has been conferred the right
to require that cooperatives using the .coop TLD must use their licensed
name in good faith. In accordance with the ICANN license, dotCoop LLC has
an obligation to provide a dispute resolution policy and procedure. The
dispute resolution policy and procedure must provide for a means to
determine inappropriate licensing and use of the Domain Name (bad faith).
The policy must also provide for a means whereby one .coop registrant may
"dispute" the right of another to use or license a specific domain name.
In all matters related to disputes, dotCoop LLC will follow the formal
guidelines established by ICANN as it relates to disputes and dispute
resolution. Because dotCoop LLC believes disputes over name selection will
be minimal within the cooperative community, its policies will be directed
towards facilitating informal solutions to disputes, thus avoiding costly
and time-consuming dispute resolution hearings or legal proceedings.
dotCoop Operations Center Dispute Resolution Policy
It is the role of the dotCoop Operations Center to, if at all possible
and without undermining ICANN and dotCoop policies; work to avoid disputes
that can escalate to the level of costly and time-consuming formal dispute
resolution. It is anticipated that the levels of dispute will fall into
the following categories. They are:
Level 1.Registrant applies for a Domain Name and it is
unavailable. The registrant refers to the "WHOIS" directory and determines
who has licensed the name. If so motivated, the registrant can contact
owner and arrange for transfer under terms established between two
parties. dotCoop Operations Center is not involved in these negotiations.
No dispute has arisen.
Level 2. Registrant applies for it's own trade name, registered
trademark, service mark or name to which it has a legitimate claim. The
name is not available. The registrant refers to the "WHOIS" directory and
determines who has licensed the name. The registrant contacts the owner
and arranges for transfer under terms established between two parties. If
successful, the dotCoop Operations Center is not involved.
Level 3. If registrant and licensee cannot establish a transfer
agreement, it is the obligation of the registrant to contact the dotCoop
Operations Center to file a Dispute Report. The Dispute Report lists the
identification of both the registrant and the licenses. It details the
dispute. The burden of proof supporting the Domain Name claim rests upon
the registrant.
The dotCoop Operations Center will determine if the Dispute claim
qualifies as a possible "bad faith" claim under the ICANN definition and
is therefore eligible for its Dispute resolution facilitation services and
escalation to Level 4.
The licensee of the name in dispute, as a condition of its continued
claim on the Domain Name, is obligated to participate in the dispute
resolution process. If the licensee chooses not to cooperate and respond
to a formal response to the Dispute Report, the dotCoop Operations Center
can, within 30 days, take back the Domain Name and deny the licensees'
further use of the name. At that point, dotCoop LLC holds the right to the
name and may, in its sole discretion, determine the future disposition of
the Domain Name in dispute.
The dotCoop Operations Center personnel reviews the claim and contacts
all parties in writing informing each that a dispute has been lodged and
that, based on ICANN policy, it may represent a legitimate dispute. The
dotCoop Operations Center details the process and provides information on
the rights and obligations of the dispute. The content and details of all
contacts between either or both parties will be kept on file at the
dotCoop Operations Center. In the correspondence, both parties will be
provided the ICANN rules governing disputes and a definition of "bad
faith."
dotCoop Operations Center will make it clear in the Dispute Report and
to both the registrant and the licensee that its role in the dispute
resolution process is only as a facilitator of a solution that must be
established and agreed to between both parties. The dotCoop Operations
Center will inform parties that it will not require or recommend
solutions. Its role is limited to facilitation and the suggestion of
options that might be explored between both parties. Any final agreement
between the parties must be formed independently of dotCoop Operations
Center's direct involvement. All resolutions must conform to any
applicable ICANN policies.
Neither the dotCoop Operations Center nor ICANN will be party to any
administrative procedure or lawsuit that may arise at any time. dotCoop
Operations Center will follow ICANN's policy guidelines as it relates to
escalated disputes. If an informal solution cannot be established, the
next step is:
Level 4. dotCoop Operations Center ends all involvement and
contact with the parties in dispute on the specific matter, other than to
facilitate any subsequent decision made by an administrative proceeding or
court of law.
At their own expense, the parties may choose to move ahead with the
dispute or the registrant may choose to end the dispute. If the registrant
determines that it is in its best interest to move to the next level,
dotCoop Operations Center will provide an introduction to the World
Intellectual Property Organization (WIPO) and will provide to both parties
all relevant documentation on file.
WIPO conducts a formal, independent Administrative Proceeding in which
the two parties present their respective views of a conflict to a neutral
and impartial third party-the WIPO panel. The panel hears the parties'
claims in conformity with ICANN's Policy, ICANN's Rules, and WIPO's
Supplemental Rules. After both parties have had a fair chance to make
their case, the panel, after deliberation, will issue a decision that is
binding on the parties.
Level 5. If one or both of the parties disagree with the WIPO
outcome, they will be referred to ICANN's Uniform Dispute Resolution
Process guidelines and a list of independent dispute service providers. At
no time will dotCoop Operations Center or dotCoop LLC provide any guidance
or support other than listed above to either parties involved in the
dispute beyond escalation Level 3.
dotCoop Operations Center will make any changes, transfers or
adjustments as have either been agreed to by both parties or ruled upon by
formal dispute resolution bodies. Direction to take such action must be
provided to dotCoop Operations Center in writing from officers of both
organizations in dispute or by the presiding officer of the formal body
that has made a binding decision in the dispute.
dotCoop Operations Center reserves the right to assess additional fees
against the parties in the dispute based so as to cover the cost of
lengthy or time consuming involvement in the dispute.
Outside resolution support.
dotCoop LLC and the dotCoop Operations Center rely on three sources for
dispute resolution: the goodwill of the parties involved, the dispute
resolution service provider WIPO and finally, ICANN's Uniform Dispute
Resolution Policy (UDRP).
Please see www.icann.org/udrp/
to review policy in full detail. For information on WIPO, click on http://www.wipo.org/.
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