Instructions for Use:
a) if you wish to commence a claim
b) if you are served with a claim
The procedure for assignment of domain names (referred to hereafter as MAP from the initials of the procedure similar to that of ICANN known as MAP - Mandatory Administrative Proceedings) has as its scope the transfer of a domain name to whoever has the right to a registered domain name registered in bad faith from whoever can prove no right to the registered domain name.
To Commence a Claim
The first stage is to verify that the registrant of the domain name you wish to contest has no right to registration of the same. In order to do this, you must go to the Italian Registration Authority data base and verify who is the current registered holder (given that this shall also be required for the filing of the claim.
For example: if your name is John Brown and you wish to contest let us say; the domain name johnbrown.it you shall have to first of all verify whether or not the registrant has any right to the name. Therefore, if the current registrant of the domain name is also called John Brown (and thus has the same right as you to the domain johnbrown.it) it would be fruitless to initiate proceedings. Where parties have an equal right to the same name, and indeed the domain name has been legitimately registered by the first party to register the same, your claim would inevitably fail.
The second stage is to ascertain whether you have any right to the given domain name. If your name is Tom Green and you have no right to the name John Brown it is fruitless to contest the name johnbrown.it even if whoever has registered this i.e. George Black appears to have no right to such a domain name.
If having verified the above you have positive results (that is; the current registrant does not appear to have any right to the domain name he has registered, whilst you, on the other hand can show rights in this) before commencing the procedure for transfer it is necessary to serve formal notice of your intention to dispute the domain name.
This is effected by means of registered mail with a return receipt sent to the Italian Registration Authority drawn up in the form prescribed by art 14 of the Naming Rules with which you communicate your intention to contest the domain name. This is particularly important not only as failure to do so means the MAP cannot commence but also because once contested the domain name is frozen that is; it cannot be transferred by the registrant to others who are not parties to the proceedings.
Once the domain name is disputed, the next step is to file the claim. The Naming Rules do not impose any specific form. Nonetheless, we would recommend the use of the form already provided by C.r.d.d. since this is already drafted in a way to remind you to insert all the information required for MAP. If you wish to use the claim form provided by us it is sufficient to download and complete this following the instructions that appear on the relative web page.
First of all you must choose whether you want the matter to be dealt with by one Panel Member or a board of 3 Panel Members. In the latter case the fee payable will be naturally higher than in the first whilst in the case of a single Panel Member, he/she is designated by the office of the service provider. In the former case you may indicate a group of Panel Members still from those registered in the Panel Members' list of C.r.d.d. , from amongst whom those assigned to your claim shall be designated.
Once the claim form is prepared it is necessary to:
a) effect payment
b) send the claim form by registered mail to C.r.d.d.
c) send a copy of the claim form by e-mail
Examining these 3 points in detail; the cost of the proceedings is borne entirely by the claimant (that is by you) and you must lodge payment in advance. If your claim is successful you will be able to apply the local court of proper jurisdiction (Justice of the Peace) to obtain a judgment against any respondent found to have unlawfully registered the domain name to reimburse to you the fees you paid to MAP.
Payment must be effected by means of a non transferable bankers draft made payable to C.r.d.d. Centro risoluzione dispute domini s.r.l. (IBAN: IT 34 K 01030 03204 000001370752 - SWIFT CODE: PASCITM1RM4). Please note that these monies are non refundable even where your claim is rejected following the MAP or the proceedings are interrupted in those cases provided for in the Naming Rules.
The date of payment must be inserted on the claim form since the claim will not commence until payment is effected. Once payment is received C.r.d.d. will issue a return receipt. For that reason if you are VAT exempt this must be indicated specifying the basis for the exemption.
Once payment is effected, complete the claim form inserting all the requested details, print and sign it. Attach photocopies of the notice of domain name dispute sent to Italian Registration Authority with documents in support of your claim. Thereafter send all documents by registered mail to C.r.d.d. s.r.l. via Liberiana, 17, - 00185 Rome for the attention of Dr. Alfredo Veglianti.
E-mail a copy of the claim form (unsigned) in the RTF, TXT, DOC or HTML format to the e-mail address firstname.lastname@example.org. Where possible attach to this a file attachment copy of notice of domain name dispute sent to RA with copies of any documents in support of your claim.
Please note that the procedure commences the moment
receives the following:
a) Payment of the appropriate fee for the type of MAP chosen
b) Registered mail letter containing a copy of the claim form signed with the notice of domain name dispute and documents in support attached thereto.
c) By e-mail the copy claim form in electronic format
In the event errors or irregularities come to light C.r.d.d. shall notify you via e-mail. The procedure shall be considered as commenced as soon as all irregularities have been rectified.
At this point the filing of the claim is complete. C.r.d.d. having received the aforementioned documents, shall commence the procedure as provided by the Naming Rules to guarantee discussion with the assignee of the domain name you contest.
In each case you shall be kept updated as to progress of your claim via e-mail. You will be advised of the name of the panel member designated to the claim, your opponents defence and any proposal he may make, the time period for conclusion of the procedure and the designated Panel Member's decision. You may in any event, request clarification or apply to the designated Panel Member by e-mailing email@example.com or to the address opportunely communicated to you.
Within the deadlines fixed by the Naming Rules you shall be notified of the Panel Member's decision in your claim. The decision will be handed down to you, your opponent and in addition to the Registration Authority and Naming Authority. Moreover, the same decision shall be published on the C.r.d.d. web site and that of the Naming Authority.
If the decision is in your favour, please note that you shall be required to apply to the Registration Authority for the registration of the domain name. You shall send a letter of undertaking and ask your service provider to forward the electronic registration form.
If on the other hand the decision goes against you please note that you still have recourse to the local courts of proper jurisdiction or, where applicable, to the Naming Authority arbitration committee. Note that with regard to MAP you cannot proceed to the transfer of a domain name that has not been registed in bad faith even where the applicant who contests the use has intellectual property rights in that name.
Thus, a claim that fails the MAP due to the absence
of bad faith on the part of the registrant can be heard in arbitration
or by the local court of proper jurisdiction for whom bad faith on the
part of the registrant is not an essential element of transfer.
To Defend a Claim.
If on the other hand you receive via C.r.d.d. a claim from a third party who contests your right to use a domain name you have registered, you must file objections in your defence within the deadline of 25 days from the moment you receive notice of the claim.
The Naming Rules do not impose any specific form for the response nonetheless, we advise you to use the form provided by C.r.d.d. as this is drawn up in such as way to remind you to insert all the details required by the naming rules for a MAP. If you intend using the form we provide it is sufficient to complete the same following the instructions that appear on the relative web page.
If you wish send any successive communications by a means other than e-mail you need to reimburse incidental expenses which are non refundable as indicated in the instructions.
Once the response form is complete it is necessary
a) sign the same and send it by registered mail to C.r.d.d. together with all documents in support
b) send copies of the above by e-mail
c) effect payment of the amount indicated in the event you wish to receive communications in a form other than e-mail
Looking at each stage in detail; once the response form has been completed by inserting all the details requested, print and sign the same. Attach all documents in support of your defence and where desired confirmation that successive communications be sent by means other than by email, the payment form and cheque for the appropriate fee. Send all of these by registered post to C.r.d.d. s.r.l. via Liberiana, 17 - 00185 Rome for the attention of Dr Alfredo Veglianti.
The single payment for communication costs should be made by non transferable bankers draft made out to C.r.d.d. Centro risoluzione dispute domini s.r.l. (IBAN: IT 34 K 01030 03204 000001370752 - SWIFT CODE: PASCITM1RM4). Note that this fee will not be refunded even in the event the principle claim fails following the MAP or the procedure is interrupted in those cases provided for in the Naming Rules.
The date of payment must be inserted in the complaint form. Once payment is received, C.r.d.d. shall provide a return receipt for the fee received. You should indicate whether you are VAT exempt and the basis of such exemption.
A copy of the unsigned response form in the RTF, TXT, DOC or HTML format should be sent by e-mail to e-mail address firstname.lastname@example.org. Where possible include as file attachments copies of all documents in support of your defence.
In the event of any errors or irregularities C.r.d.d. will notify you by e-mail. We advise you to respect the deadlines provided by the Naming Rules (25 days from the receipt of the claim form). The Naming Rules are extremely strict and exclude acceptance of any documents that are served on the service provider beyond the deadlines.
Once the defence is received, C.r.d.d. shall communicate this to your opponent and shall nominate a Panel Member (or Members) who are to decide whether or not the contested domain name is to be transferred or otherwise to the claimant.
In each case you will be advised as to the progress of the procedure via e-mail of C.r.d.d.. The name of the Panel Member designated to your case, any further claims of the claimant (which are guaranteed to be subject to rigorous discussion) the completion times of the procedure and the decision of the Panel Member will all be communicated to you. You may seek clarification of the procedure from or apply to the designated panel member by e-mailing email@example.com or any other address that shall be opportunely communicated to you.
The decision of the Panel Member will be handed down within the deadlines fixed by the Naming Authority. The decision shall be communicated to you, your opponent and also to the Registration Authority and the Naming Authority. Furthermore, the same decision will be published on the web site of C.r.d.d. and that of the Naming Authority.
If the decision is in your favour, that is; your opponents claim
fails, the domain name shall remain assigned to you. If the contrary occurs,
it shall be transferred under the supervision of the Registration Authority
to the claimant.
It is hoped that this has addressed all concerns. If any queries remain you may seek further advice by sending a message to firstname.lastname@example.org
vers. 0.06 - Last update of this page: October 11, 2001