Changes

Jump to navigation Jump to search
Line 14: Line 14:  
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:
   −
# 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>
    
==Historical Notes==
 
==Historical Notes==
Bureaucrats, Check users, lookupuser, Administrators, translator
3,197

edits

Navigation menu