clausole bad faith UDRP ICANN/WIPO

chiari mario chiari.hm a FLASHNET.IT
Dom 26 Nov 2000 16:23:10 CET


4. Mandatory Administrative Proceeding.

   This Paragraph sets forth the type of disputes for which you are
required to submit to a mandatory
   administrative proceeding. These proceedings will be conducted before
one of the
   administrative-dispute-resolution service providers listed at
www.icann.org/udrp/approved-providers.htm
   (each, a "Provider").

        a. Applicable Disputes. You are required to submit to a mandatory
administrative proceeding in
        the event that a third party (a "complainant") asserts to the
applicable Provider, in compliance with
        the Rules of Procedure, that

             (i) your domain name is identical or confusingly similar to a
trademark or service
             mark in which the complainant has rights; and

             (ii) you have no rights or legitimate interests in respect of
the domain name; and

!!!>>>>>>>>>  (iii) your domain name has been registered and is being used
in bad faith.

        In the administrative proceeding, the complainant must prove that
each of these three elements
        are present.

        b. Evidence of Registration and Use in Bad Faith. For the purposes
of Paragraph 4(a)(iii), the
        following circumstances, in particular but without limitation, if
found by the Panel to be present,
        shall be evidence of the registration and use of a domain name in
bad faith:

             (i) 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

             (ii) 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

             (iii) you have registered the domain name primarily for the
purpose of disrupting the
             business of a competitor; or

             (iv) 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.



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