|
(i) |
request that the Complaint
be submitted to arbitration in accordance with the HKDNR IDRP and
these Rules of Procedure and the Supplemental Rules of the Provider;
|
| |
(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;
|
| |
(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 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;
|
| |
(vi) |
specify the Registered Domain Name(s) that is/are the subject of
the complaint;
|
| |
(vii) |
describe, in accordance with the HKDNR IDRP, the grounds on which
the Complaint is made including, in particular,
| (1) |
the manner in which the
domain name in question does not satisfy the Registration
Requirements; and
|
(2) |
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
|
(3) |
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
|
(4) |
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 HKDNR IDRP
that are applicable. The description shall comply with any
word or page limit set forth in the Provider's Supplemental
Rules.);
|
|
| |
(viii) |
Specify, in accordance with the HKDNR IDRP, the remedies sought;
|
| |
(ix) |
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;
|
| |
(x) |
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-Individual Domain Name, Rules for HKDNR Domain Name Dispute
Resolution Policy-Individual Domain Name and the [Name of the Provider]
Supplemental 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,
(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
|
| |
(xi) |
Annex any documentary or other evidence, including a copy of the
Policy applicable to the domain name in dispute and any evidence
of the Complainant's eligibility to register the domain name under
the Registration Requirements, upon which the Complaint relies,
together with a schedule indexing such evidence.
|
