File an RDRP Complaint

1. Excluding attachments, the complaint may not exceed ten (10) pages. National Arbitration Forum RDRP Supplemental Rule (hereinafter "Forum RDRP Supp. Rule") 4(b).
   
   
2. Include a request that the complaint be submitted for decision in accordance with the Restrictions Dispute Resolution Policy and Supplemental Rules and the Uniform Domain Name Dispute Resolution Policy and Rules. ICANN Rules for Uniform Domain Name Resolution Policy (Rule) 3(b)(i). Specify whether this is an RDRP Only Complaint or a Joint RDRP/UDRP Complaint. Forum RDRP Supp. Rule 4(a).
   
   
3. Specify the preferred method for communicating with the Complainant. This must specifically state the person to be contacted, the medium for contact and the address information. The complaint must include this information for electronic transmission and hard copies. Restrictions Dispute Resolution Policy Rule (hereinafter "Rule") 3(b)(iii).
   
   
4. Designate whether the Complainant requests one arbitrator or a panel of three arbitrators.
   
   
• If the Complainant requests a one-member panel, the Complainant must submit three (3) copies of the complaint to the National Arbitration Forum (one if filing by fax). Forum Supp. Rule 4(b).
  
  
• When a one-member panel is requested, the National Arbitration Forum will appoint a neutral and impartial arbitrator. Rule 6(b).
  
  
• If Complainant opts for a three-member panel, the Complainant must provide names and contact information for three (3) candidates, one of whom will serve as a panel member. These candidates may be chosen from any ICANN approved provider's list of potential panelists. Rule 3(b)(iv). The other two panelists will be selected in accordance with Rule 6(e).
  
• If the Complainant requests a three-member panel, the Complainant must submit five (5) copies of the complaint (one if filed by fax). For three-member panels requested by the Respondent, the Complainant may be asked to submit additional copies of the complaint. Forum Supp. Rule 4(b).
  
  
5. Provide the name of the Respondent (domain name holder), including the postal address, e-mail address, telephone and facsimile numbers, and any other contact information available to Complainant which will allow the National Arbitration Forum to send the complaint in compliance with Rule 2(a). Rule 3(b)(v). (Contact information may be found the Neulevel “Whois” database: http://www.neulevel.com.)
   
   
6. Specify the domain name that is the subject of the complaint. If more than one domain name held by the same Respondent is in dispute, all may be included in one complaint. Rule 3(b)(vi).
   
   
7. Identify with whom the domain name(s) are registered at the time the complaint is filed. Rule 3(b)(vii). (To identify the current domain Registrar, go to the Neulevel “Whois” database: http://www.neulevel.com.)
   
   
8. If the remedy sought is transfer, specify the trademark(s) or service mark(s) upon which the complaint is based. For each mark, the goods and services with which the mark is used must be described. The Complainant may also describe other goods and services with which it intends (at the time the complaint is submitted) to use the mark in the future. Rule 3(b)(viii).
   
   
9. Describe the grounds on which the complaint is made. In particular, the complaint must describe:
   
   
1. how the Respondent's domain(s) is/are not being or will not be used primarily for a bona fide business or commercial purpose
   
   AND, IF the complaint is a joint RDRP/UDRP complaint,
   
   
2. the manner in which the domain name(s) are 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 the domain name(s), and
   
   
4. why the domain name(s) should be considered as having been registered and used in bad faith.
   
   
10. For element (1) above, the description should include a discussion of the RDRP Policy ¶ 4(b) and (c) (http://www.neulevel.biz/ardp/docs/rdrp.html):
    
    
2. Bona Fide Business or Commercial Use. “Bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
   
   
   1. to exchange goods, services, or property of any kind; or
      
      
   2. in the ordinary course of trade or business; or
      
      
   3. to facilitate the exchange of goods, services, information, or property of any kind or the ordinary course of trade or business.
      
      
3. Not a Bona Fide Business or Commercial Use. Registering a domain name solely for the purposes identified below shall not constitute a "bona fide business or commercial use" of that domain name:
   
   
1. selling, trading or leasing the domain name for compensation, or
   
   
2. the unsolicited offering to sell, trade or lease the domain name for compensation.
   
   
3. For illustration purposes, the following shall not constitute a "bona fide business or commercial use" of a domain name:
   
   
1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
   
   
2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (e.g., registering exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose).
   
   
11. For elements (3) and (4) above, the description should include a discussion of the ICANN UDRP ¶ 4(b) and (c) (http://www.icann.org/udrp/udrp-policy-24oct99.htm) if applicable:
    
    
2. 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:
   
   
1. 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
   
   
2. 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
   
   
3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
   
   
4. 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.
   
   
3. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
   
   
1. before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
   
   
2. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
   
   
3. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
   
   
12. Specify the remedies sought. The Policy limits the remedies available to cancellation of the domain name or transferring the domain name registration to a Complainant with rights in the name. Rule 3(b)(x), Policy Paragraph 4(i).
    
    
13. Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain names that are the subject of the complaint. Rule 3(b)(xi).
    
    
14. State that a copy of the Complaint, together with the “RDRP Complaint Transmittal Sheet” (available on the National Arbitration Forum's web site), has been sent or transmitted to the Respondent in accordance with Rule 2(b) and to the Registrar in accordance with Supp. Rule 4(f). Rule 3(b)(xii).
    
    
15. State that the Complainant will submit to the jurisdiction of the courts in one specified jurisdiction, if any challenge is made to a decision in the arbitration proceeding. Rule 3(b)(xiii).
    
    
16. Conclude with the following statement followed by the signature of the Complainant or its authorized representative:

    “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 National Arbitration Forum and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (d) 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 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 these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”

    Rule 3(b)(xiv).

17. Attach any documents or other evidence, including a copy of the Policy applicable to the domain name(s) in dispute and any trademark or service mark registration upon which the complaint relies, together with a table of contents of the evidence. Rule 3(b)(xv).
    
    
18. Include the appropriate non-refundable fee in accordance with the Forum's RDRP Supplemental Rules Fee Schedule (Forum RDRP Supp. Rule 16). Rule 19.

File Your RDRP Complaint
Pursuant to Forum RDRP Supp. Rule 4(e), send the Complaint, any other attached evidence, and a copy of the Complaint Transmittal Sheet by email to domaindispute@adrforum.com. Attachments should be in Microsoft Word, PC Format. You must also send us your complaint by either fax or mail using the address and numbers below:

Regular US Post:
National Arbitration Forum
PO Box 50191
Minneapolis, MN 55405
USA

FedEx, UPS, or Overnight Mailings:
National Arbitration Forum
6465 Wayzata Blvd. #500
St. Louis Park, MN 55426
USA

Fax: 612-235-3355
Toll-free Fax: 866-743-4517

Questions?
Contact us via email or call (800) 474-2371.