ORGANISATION
MONDIALE
|
|
WORLD INTELLECTUAL
|
ORGANISATION
MONDIALE
|
|
WORLD INTELLECTUAL
|
January 22, 2002
Re: Case
No. Dinfo 2001-00885-0001
<badpyrmont.info>
Notification
of Priority Challenge and Commencement of Administrative Proceeding
1. Notification. You are hereby notified that an
administrative proceeding has been commenced against you pursuant to the
Afilias Sunrise Registration Challenge Policy (the Policy) (
http://www.afilias.info/register/dispute_resolution/sunrise_challenge_policy_revised).
The Policy is incorporated by reference into
your Registration Agreement with the Registrar of your domain name, pursuant to
which you are required to submit to and participate in a mandatory
administrative proceeding in the event that a third party (the Challenger) submits a Challenge to the
WIPO Arbitration and Mediation Center (the Center),
regarding the compliance of your domain name registration with the sunrise
registration conditions in relation to trademark or service mark rights. The relevant conditions are specified in the
Policy, Paragraph 4(c) and referred
to in the Challenge.
2. Receipt
of Challenge. The Challenge was submitted by
City of Bad Pyrmont, mayor Demuth through the Center’s Online
Challenge Filing System during the Sunrise Challenge Period A copy of the Challenge accompanies this
notification.
3. Formal
Requirements Compliance Review. In
accordance with Paragraph 4(a) of the Rules for Sunrise Registration Challenge
Policy (the Rules) (
http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised),
the Center has verified that the Challenge satisfies the formal requirements of
the Policy and the Rules. Payment in
the required amount to the Center has been made by the Challenger.
4. Commencement
of Administrative Proceeding. In
accordance with Rules, Paragraph 4(c), the formal date of commencement of the
administrative proceeding is January 22, 2002.
5. Deadline for Payment. In accordance with Rules, Paragraph 5(a),
within ten (10) calendar days of the above date of commencement of the
administrative proceeding, you must pay a Respondent’s fee in the amount of USD
295. This payment must be made by
submitting credit card information through the Center’s Online Respondent
Payment Form at https://webaccess.wipo.int/domains/sunrise/respondent-payment.html. The last day for submitting your Respondent
Payment Form to the Center is February
1, 2002. The Center is under no obligation to consider payment
effected by any other means.
If you pay the Respondent’s fee and the
Center determines that the disputed Domain Name has been registered in
accordance with the sunrise registration conditions set forth in the
Registration Agreement, the Center will reimburse you the Respondent’s fee in
full. If you fail to submit the
Respondent Payment Form including valid credit card information within the
above date, the Center will send you a reminder to submit such payment within
ten (10) further days. If the Center is
not satisfied that the Respondent’s fee has been paid within such further
period, in accordance with Rules, Paragraph 13(b), the Challenge will be
granted on the basis of your failure to pay the fee. If the Priority Challenger has requested transfer, this will be
subject to a decision by the Center that the challenge complies with the
sunrise registration conditions, failing which Policy, Paragraph 4 (e)(iii)
shall apply.
6. Deadline
for Response. Within sixty (60)
calendar days from the date of commencement of administrative proceeding
referred to in Paragraph 4 above, you must submit to the Center, with a copy to
the Challenger, a Response according to the requirements that are described in
Rules, Paragraph 5. The last day for
submitting your Response is March 23,
2002.
7. Response Filing. Your Response must be submitted
in electronic form (without annexes) via the Internet using the Response Form
made available by the Center at https://webaccess.wipo.int/domains/sunrise/response.html
and in hard copy (with annexes) by
postal or courier service. To the
hardcopy of your Response, you must annex the originals or certified copies of
any trademark or service mark certificates demonstrating that you have complied
with the sunrise registration conditions of the Domain Name Registration
Agreement (Policy, Paragraph 4(c), Rules, Paragraph 5(d)(i)). A certified copy of a trademark or service
mark certificate means a copy certified by the Trademark Office with which the
trademark or service mark is registered.
Pursuant to Rules, Paragraph 6(b), any trademark or service mark
certificates in a language other than English must be accompanied by a
certified translation into English.
You must send the
hard copy of the Response as follows:
·
one signed original and two copies of the
Response including all attachments by postal or courier service (postage
pre-paid and return receipt requested) to the Center;
·
one copy of the Response including all
attachments by postal or courier service (postage pre-paid and return receipt
requested) to the Challenger in accordance with the preferred contact details
indicated by the Challenger in the Challenge.
You are not
required to send the Response to the registrar or the registry.
8. Default. If your Response is not submitted by the
date specified in Paragraph 6 above, you will be considered in default. In such event, in accordance with Rules,
Paragraphs 5(f) and 9(a), unless the Center finds that exceptional
circumstances apply, the Challenge will be granted. If the Priority Challenger
has requested transfer, this will be subject to a decision by the Center that
the challenge complies with the sunrise registration conditions, failing which
Policy, Paragraph 4 (e)(iii) shall apply.
If, in the absence of exceptional circumstances, you do not comply with
any provision of, or requirement under, the Rules or any request from the
Center, the Center may draw such inferences therefrom and may undertake such
procedural steps as it considers appropriate.
9. Center
Decision. The Center will use reasonable
efforts to decide upon the Challenge within twenty (20) days of the receipt of
all submissions to be made by the parties under the Policy and the Rules or of
the expiry of the deadline for such submissions. The Center’s determination of whether the Sunrise registration
conditions set forth in Paragraph 4(c) of the Policy are met will be based
solely on a prima facie examination of any trademark or service mark
certificates submitted. The Center’s
decision is of an administrative nature and shall be final. The Center shall not be required to state
reasons for its decision.
10. Additional Information. Any further questions about the procedure
may be directed to the Center by telephone
at +41 22 338 8247, by fax at +41 22 740 3700 or by e-mail at
info.sunrise@wipo.int. All e-mail communications in relation to an
existing case must include, in the subject line of the e-mail, the Challenge
number assigned by the Center as well as the disputed domain name.
Yours sincerely,
WIPO Arbitration
and Mediation Center
COMMUNICATIONS
This notification with a copy of the Challenge is being communicated to
the Respondent (including the domain name registrant and administrative
contact), as required by Paragraph 4(a) of the Rules, in accordance with the
following contact details:
Konrad
Plankenstein
konrad.plankensteiner@tiscover.com
By the following methods:
[ x ] E-mail
[ x ] Facsimile
[ ] Post/Courier
This notification is being copied to the Challenger by e-mail at:
City of Bad Pyrmont, mayor Demuth
Rechtsanwalt Ralf Moebius
ralfmoebius@gmx.de
This notification
is also being copied to the Registrar and the Registry by e-mail.
