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FREQUENTLY ASKED QUESTIONS ABOUT DOMAIN NAME DISPUTES


What is the Uniform Domain Name Dispute Resolution Policy ("UDRP")?
The Uniform Domain Name Dispute Resolution Policy ("UDRP") was adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") on October 24, 1999.  All .ag domain name registrants are required to abide by the terms of the UDRP, which is incorporated by reference into Nic AG's Registration Agreement.  The UDRP sets forth the terms and conditions which govern disputes between you and any party other than Nic AG concerning your registration and use of any .ag domain names.

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How do I initiate a UDRP proceeding?
In order to initiate a UDRP proceeding, you must submit a complaint to one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm, that states:

  1. The domain name you are complaining about is identical or confusingly similar to a trademark or service mark in which you have rights; and
  2. The registrant of the domain name you are complaining about has no rights or legitimate interests in respect of that domain name; and
  3. The registrant has registered and is using the domain name you are complaining about in bad faith. In addition, your complaint must conform to the Rules for Uniform Domain Name Dispute Resolution Policy which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, as well as the selected administrative-dispute-resolution service provider's supplemental rules.

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Does the UDRP prevent me from submitting a domain name dispute to a court of competent jurisdiction?
The UDRP does not prevent either complainants or domain name registrants from submitting a dispute to a court of competent jurisdiction for independent resolution either before a UDRP proceeding is commenced, while a UDRP proceeding is taking place, or after a UDRP proceeding is concluded.

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What is an administrative-dispute-resolution provider?
An administrative-dispute-resolution provider is an organization approved by ICANN to administer UDRP proceedings.

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Where can I get a list of administrative-dispute-resolution providers?
A current list of ICANN-approved administrative-dispute-resolution providers is available at http://www.icann.org/udrp/approved-providers.htm.

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What happens to a domain name that is the subject of a UDRP proceeding while that proceeding is taking place?
A domain name that is the subject of a UDRP proceeding may not be transferred to another registrant or another registrar while that proceeding is taking place, and for a period of fifteen (15) business days after that proceeding has been concluded.

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What involvement does Nic AG have in domain name disputes?
Nic AG will not directly participate in any dispute between a domain name registrant and any party other than Nic AG regarding the registration and use of a domain name.

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What happens if an administrative panel decides that a domain name registration should be canceled or transferred?
If an administrative panel decides that a domain name registration should be canceled or transferred, Nic AG will wait ten (10) business days after we are informed by the applicable administrative-dispute-resolution provider of the administrative panel's decision before implementing that decision.  We will implement the decision unless we receive from the registrant during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the registrant has commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure.  (In general, that jurisdiction is either the location of our principal office or of the registrant's address as shown in our WHOIS database.)  If Nic AG receives such documentation within the ten (10) business day period, we will not implement the administrative panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the registrant's lawsuit or ordering that the registrant does not have the right to continue to use the domain name at issue.

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How do I transfer the registrant of a domain name?
Please click here to view instructions and Frequently Asked Questions related to transferring your domain name to another registrant.

 

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