|
(i) |
request that the Complaint be submitted to arbitration in accordance
with the Dispute Resolution Policy and these Rules of Procedure
and the Supplemental Rules of the Provider; |
| |
(ii) |
state the name, postal and email addresses, and the telephone
and facsimile numbers of the Complainant and of any representative
authorised to act for the Complainant in the arbitration proceeding;
|
| |
(iii) |
specify a preferred method for communications to be directed
to the Complainant during the course of the arbitration proceeding
(including the person to be contacted, method of communication,
and address information) for each of (A) electronic-only material
and (B) other material including hard copy;
|
| |
(iv) |
indicate whether the Complainant elects to have the dispute
decided by a single-member or a three-member Arbitration Panel
and, in the event the Complainant elects a three-member Arbitration
Panel, provide the names and contact details of three candidates
to serve as one of the Panelists (these candidates must be drawn
from the list of Panelists maintained by the Provider to which
the Complaint is submitted);
|
| |
(v) |
provide the name of the Respondent and all information (including
any postal and email addresses and telephone and facsimile numbers)
known to the Complainant regarding how to contact the Respondent
or any representative of the Respondent, including contact information
based on any pre-Complaint dealings, in sufficient detail to
allow the Provider to send the Complaint to the Respondent or
it's representative as described in Paragraph 2(a) above;
|
| |
(vi) |
specify the domain name which is the subject of the Complaint;
|
| |
(vii) |
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;
|
| |
(viii) |
describe, in accordance with the Dispute Resolution Policy,
the grounds on which the Complaint is made including, in particular,
| (1) |
the
manner in which the domain name in question is identical
or confusingly similar to a trademark or service mark
in which the Complainant has rights; and |
(2) |
why the Respondent should be considered as having no rights
or legitimate interests in respect of the domain name
that is the subject of the Complaint; and
|
(3) |
why the domain name in question should be considered as
having been registered and being used in bad faith.
|
|
(The description should, for elements (2) and (3), discuss
any aspects of Paragraphs 4(b) and 4(c) of the Dispute
Resolution Policy that are applicable. The description
shall comply with any word or page limit set forth in
the Provider's Supplemental Rules.);
|
|
| |
(ix) |
Specify, in accordance with the Dispute Resolution Policy, the
remedies sought;
|
| |
(x) |
If relevant 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;
|
| |
(xi) |
State that a copy of the complaint, together with the cover
sheet as prescribed by the Provider's Supplemental Rules, has
been sent or transmitted to the Respondent in accordance with
paragraph 2(b);
|
| |
(xii) |
Conclude with the following statement followed by the signature
of the Complainant or its authorised 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 Hong Kong in accordance with the HKDNR Domain Name Dispute
Resolution Policy, HKDNR Domain Name Dispute Resolution Policy
Rules of Procedure and the [Name of the Provider] Supplementary
Rules."
"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 (a) the [name of
the dispute resolution provider] as well as their directors,
officers, employees, and agents and the arbitration Panelist(s)
who will hear the dispute, except in the case of fraud or dishonesty
or deliberate wrongdoing and (b) the HKDNR, as well as their
directors, officers, employees, and agents."
"The Complainant by submitting this Complaint agrees that the
decision of the Arbitration Panel 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 HKDNR and
or the [name of the dispute resolution provider] who shall appoint
the Arbitration Panel in question."
"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, and that the assertions
in this Complaint are warranted under the Rules of Procedure
and under applicable law, as it now exists or as it may be extended
by a good-faith and reasonable argument."; and
|
| |
(xiii) |
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.
|
