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| The board took further steps in the creation of the [[Uniform Dispute Resolution Policy]], approving the implementation of such a policy and offering the following guidance: | | The board took further steps in the creation of the [[Uniform Dispute Resolution Policy]], approving the implementation of such a policy and offering the following guidance: |
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− | # The registrars' Model Dispute Resolution Policy should be used as a starting point;
| + | <blockquote>1. The registrars' Model Dispute Resolution Policy should be used as a starting point; |
− | # The President or his delegate should convene a small drafting committee including persons selected by him to express views and consider the interests of the registrar, non-commercial, individual, intellectual property, and business interests;
| + | 2. The President or his delegate should convene a small drafting committee including persons selected by him to express views and consider the interests of the registrar, non-commercial, individual, intellectual property, and business interests; |
− | # In addition to the factors mentioned in paragraph 171(2) of the WIPO report, the following should be considered in determining whether a domain name was registered in bad faith:<br />
| + | 3. In addition to the factors mentioned in paragraph 171(2) of the WIPO report, the following should be considered in determining whether a domain name was registered in bad faith:<br /> |
− | a) Whether the domain name holder is making a legitimate noncommercial or fair use of the mark, without intent to misleadingly divert consumers for commercial gain or to tarnish the mark;<br /> | + | (a) Whether the domain name holder is making a legitimate noncommercial or fair use of the mark, without intent to misleadingly divert consumers for commercial gain or to tarnish the mark;<br /> |
| (b) Whether the domain name holder (including individuals, businesses, and other organizations) is commonly known by the domain name, even if the holder has acquired no trademark or service mark rights; and <br /> | | (b) Whether the domain name holder (including individuals, businesses, and other organizations) is commonly known by the domain name, even if the holder has acquired no trademark or service mark rights; and <br /> |
| (c) Whether, in seeking payment for transfer of the domain name, the domain name holder has limited its request for payment to its out-of-pocket costs. | | (c) Whether, in seeking payment for transfer of the domain name, the domain name holder has limited its request for payment to its out-of-pocket costs. |
− | # There should be a general parity between the appeal rights of complainants and domain name holders; and
| + | 4. There should be a general parity between the appeal rights of complainants and domain name holders; and |
− | # The dispute policy should seek to define and minimize reverse domain name hijacking.
| + | 5. The dispute policy should seek to define and minimize reverse domain name hijacking.<ref name="resos">[https://archive.icann.org/en/meetings/santiago/santiago-resolutions.htm ICANN 3 Archive - Board Resolutions from the Santiago Meeting], August 26, 1999</ref></blockquote> |
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| ==Historical Notes== | | ==Historical Notes== |