[Name & Address of Complainant]
(Complainant)
v.
[Name and Address of Registry]
(Respondent)
Top Level Domain OR
Second Level Domains
In Dispute:
<enter domain(s) here>
COMPLAINT IN ACCORDANCE WITH
THE TRADEMARK POST DELEGATION DISPUTE RESOLUTION POLICY
[1.]
This Complaint is hereby submitted for decision in accordance with the Trademark Post
Delegation Dispute Resolution Policy (PDDRP), adopted by the Internet Corporation for
Assigned Names and Numbers (ICANN), and the Rules for Trademark Post Delegation Dispute
Resolution Policy (PDDRP Rules or “Rules”), in effect as of the date of submission of this
complaint, and the FORUM Supplemental Rules (Supp. Rules). PDDRP Rule 3(b)(i).
[2.]
COMPLAINANT INFORMATION
[a.]
[b.]
[c.]
[d.]
[e.]
Name:
Address:
Telephone:
Fax:
E-Mail:
[enter full name of Complainant]
[enter mailing address]
[enter telephone number]
[enter facsimile number]
[enter e-mail address(es)]
[3.] COMPLAINANT AUTHORIZED REPRESENTATIVE, IF ANY
[a.]
[b.]
[c.]
[d.]
[e.]
Name:
Address:
Telephone:
Fax:
E-Mail:
[enter full name of Representative(s)]
[enter mailing address]
[enter telephone number(s)]
[enter facsimile number]
[enter e-mail address(es)]
PDDRP Rule 3(b)(ii).
Complainant’s preferred contact person for correspondence relating to this case:
[a.]
[b.]
Document1
Contact Name(s): [enter name(s) of contact persons]
Contact Emails(s): [enter email address(es) to receive all case emails]
[4.] PANEL SELECTION
The Complainant chooses to have this dispute heard before a (check one):
_____ single-member Expert panel ____ three-member Expert panel.
Rule 3(b)(viii).
If Complainant selects a single –member Expert panel, please review PDDRP Supp. Rule 13(c)
If Complainant elects to have this dispute heard before a three-member panel, provide the names
and contact details of five PDDRP-qualified candidates from any ICANN-approved PDDRP
Provider’s list of panelists to serve as one of the panelists. PDDRP Supp. Rule 13(d)(i).
[5.]
RESPONDENT INFORMATION-- from the Registry Agreement posted
on ICANN’s site
[a.]
[b.]
[c.]
[d.]
[e.]
Name:
Address:
Telephone:
Fax:
E-Mail:
[enter full name of Registry]
[enter mailing address]
[enter telephone number]
[enter facsimile number]
[enter e-mail address]
[6.] RESPONDENT AUTHORIZED REPRESENTATIVE, IF KNOWN
[a.]
[b.]
[c.]
[d.]
[e.]
Name:
Address:
Telephone:
Fax:
E-Mail:
[enter full name of Representative(s)]
[enter mailing address]
[enter telephone number(s)]
[enter facsimile number]
[enter e-mail address(es)]
Rule 3(b)(iii).
[7.] NAME AND ADDRESS OF THE OWNERS OF ANY AT-ISSUE DOMAIN NAMES
[a.]
Name:
[enter full name of Representative(s)]
[b.]
Address:
[enter mailing address]
[c.]
Telephone:
[enter telephone number(s)]
[d.]
Fax:
[enter facsimile number]
[e.]
E-Mail:
[enter e-mail address(es)]
Rule 3(b)(iv).
[8.]
TYPE OF DISPUTE (check one):
_________ Top-Level [PDDRP 6.1]
Rule 3(b)(v).
_________ Second-Level [PDDRP 6.2]
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[9.] FACTUAL AND LEGAL GROUNDS
In the spaces below, please provide the arguments for standing and each element of the PDDRP
claim. Complainant is reminded that the Burden of Proof is Clear and Convincing Evidence
[PDDRP 17.]. This section of the Complaint shall not exceed 5,000 words or 20 pages.
Standing: Address Complainant’s status as a trademark holder, including which marks are being
infringed and any resulting harm that has occurred as a result of the registry operator’s manner of
operation or use of the gTLD. [PDDRP 5; see Rule 3(b)(vi).)
[provide arguments here]
Describe the marks that form the basis for the dispute and a short and plain statement of the basis
upon which the Complaint is being filed. [PDDRP 7.2.3(a); see PDDRP 6.]
[provide arguments here]
Provide a detailed explanation of how the Complainant’s claim meets the requirements for filing
a claim pursuant to that particular ground or standard. [PDDRP 7.2.3(b); see PDDRP 6.]
[provide arguments here]
Provide a detailed explanation of the validity of the Complaint and why the Complainant is
entitled to relief. [PDDRP 7.2.3(c).]
[provide arguments here]
Provide an explanation of how the mark is used by the Complainant (including the type of
goods/services, period and territory of use – including all on-line usage) or otherwise protected
by statute, treaty or has been validated by a court or the Clearinghouse. [PDDRP 7.2.3(e).]
[provide arguments here]
Provide a statement describing how the registration(s) at issue has/have harmed the trademark
owner. [PDDRP 7.2.3(h).]
[provide arguments here]
[10.] EVIDENCE
Annex any copies of any documents that the Complainant considers to evidence its basis for
relief, including evidence of current use of the Trademark at issue in the Complaint and domain
name registrations. [PDDRP 7.2.3(f).] See the FORUM’s Supplemental Rules for the Rules
governing Annexes.
For Second Level Disputes, provide Registrant information. [PDDRP 7.2.1.]
[11.]
REMEDY SOUGHT
The recommended remedy is determinated at the sole discretion of the Expert Panel. After
reviewing PDDRP 18, the Complainant may identify the Remedy(ies) it is seeking. [PDDRP
18.]
[provide remedy recommendation here]
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[12.]
OTHER LEGAL PROCEEDINGS
[Identify any other legal proceedings that have been commenced or terminated in connection
with or relating to any of the domain name(s) or parties that are the subject of the complaint.]
Rule 3(b)(xi).
[13.] DISCOVERY
Limited discovery may be granted in exceptional circumstances and upon payment of additional
fees. Please include any request for discovery here. [PDDRP 15.]
Include the type of disovery desired: expert witnesses, live or written testimony, or limited
exchange of documents. Include the reason for the request, the material to be discovered with as
much specificity as possible, and identify any persons or witnesses.
[14.] HEARINGS
Hearings will be documentary, except in exceptional circumstances. [PDDRP 16.] If a
telephone, videoconfererence, or in-person hearing is requested, please include the type of
hearing requested and a detailed reason why a documentary hearing will not suffice.
[15.] CONSOLIDATION
Complainant may request that this Complaint be consolidated with one or more related
Complaints, pursuant to Supp. Rule 8.
[16.]
MUTUAL JURISDICTION
The Complainant will submit, with respect to any challenges to a decision in the administrative
proceeding to the jurisdiction of the courts where the Registry has its principle place of business.
PDDRP Rule 3(b)(x).
[16.]
CERTIFICATIONS
Provide a statement that the Complainant has at least 30 days prior to filing the Complaint
notified the registry operator in writing of: (i) its specific concerns and specific conduct it
believes is resulting in infringement of Complainant’s trademarks and (ii) it willingness to meet
to resolve the issue. [PDDRP 7.2.3(d).] Include in your Annexes evidence of this notification
and any result or resolution.
A statement that the proceedings are not being brought for any improper purpose. [PDDRP
7.2.3(g).]
Provide a certification that the Factual and Legal Grounds (arguments provided in section 7 of
this document) of the Complaint do not exceed 5,000 words or 20 pages. [PDDRP 7.3]
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Provide this statement: “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 FORUM and
panelists, except in the case of deliberate wrongdoing, (b) the registrar(s), and (c) the Internet
Corporation for Assigned Names and Numbers, as well as their directors, officers, employees,
and agents.
Complainant certifies that the information contained in this Complaint is to the best of
Complaint'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 these Rules and under applicable law, as it now exists or as it may be extended by a goodfaith and reasonable argument.” [PDDRP Rule 3(b)(xi)]
Respectfully Submitted,
___________________
[Signature]
__________________
[Name]
___________________
[Date]
[The Complaint and Annexes shall be submitted electronically, in accordance with the electronic
submission requirements listed in the Annex to the Supplemental Rules, to
domaindispute@adrforum.com.] [PDDRP 7.1, Supp Rule 4].
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