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(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;
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(ii) |
state the name, postal and e-mail addresses, and the telephone and
facsimile numbers of the Complainant and of any representative authorised
to act for the Complainant in the arbitration proceeding;
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(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;
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(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);
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(v) |
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
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;
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(vi) |
specify the domain name which is the subject of the Complaint;
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(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;
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(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
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(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
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(3) |
why the domain name in question should be considered as having
been registered and being used in bad faith.
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(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.);
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(ix) |
Specify, in accordance with the Dispute Resolution Policy, the remedies
sought;
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(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;
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(xi) |
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
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(xii) |
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.
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