Is the $375 price for 1-14 domain names, per domain name?
No. The price is to file a single URS Complaint having between 1-14 domain names.
Can I file a URS complaint now?
Yes, however the URS only applies to domain names in new gTLDs, or to ccTLDs that have adopted the URS. The .us TLD has adopted its own variation of the URS. CentralNic has also adopted the URS for all third-level domains registered in a CentralNic-operated second-level domain.
Do I have to participate in the Trademark Clearinghouse to use the URS?
No. Although you can use your validated trademark record as proof of use in your URS case, you can independently provide proof of use with your URS filing.
What does it mean in the URS when the Examiner is reviewing a complaint for a prima facie case?
It means that the Examiner needs to be convinced that the evidence you’ve submitted supports your claims. Before the Examiner can consider any Response, he or she must first be convinced that you have submitted a case that is complete and belongs under the URS.
What information do I need to gather in preparing my complaint?
You will have to supply the evidence called for in URS Proc. 1.2.6. If you do not have this for each domain name you will be filing for, you will be unable to proceed with your filing. For each domain name you need evidence of your word mark (URS Proc. 184.108.40.206) and proof of use (URS Proc. 220.127.116.11 (a, b)). You will also need a screen shot of the website to which each domain name is directing (URS 1.2.4).
Does it alter the cost (up or down) to submit a Trademark Clearinghouse validated proof of use as my URS Proc. 18.104.22.168 evidence?
No. The filing fee is the same whether your mark and proof of use are pre-validated or not.
How do I submit my complaint?
You can find a link to online filing at http://www.adrforum.com/URS.
You will fill out an online form including your contact information, any representative information, the domain names, and 500 words of text explaining why you should prevail. If you have a login and use it when you file, you can save your session and come back to it as needed. If you’ve created a login for UDRP cases, you can use the same login name and password.
Can multiple Complainants file together?
Yes, if they are part of the same entity (such as subsidiaries of the same parent) or if they are jointly licensed to use the mark at issue. There are no “class complaints”; similar but unrelated Complainants may not join together in a common complaint. The Complaint will be dismissed at the Administrative Review if Complainants are insufficiently unrelated. There are no refunds.
Can I file against multiple Respondents?
No, not unless they are the same underlying entity. You will need to tell the Examiner how they are related; if the Examiner does not find your argument convincing he or she will dismiss any unrelated domain names and you will not get your money back. You can file a new URS on those, if you desire.
What if there is a privacy shield on the domain name(s)?
The URS case is filed against the registrant of the domain name at the time of filing. You can file one complaint against multiple privacy-shield-held domain names, if you in good faith believe them to be commonly owned. If a party responds and claims not to own all the domain names you’ve listed, and the Examiner finds that credible, the unrelated domain names will be dismissed and you will not get your money back. You can file a new URS on those, if you desire.
How do I submit a response?
You were sent a link which you can use to Respond. If you have an account already, use that login after you click the link. If you need to set up an account, you can do so when you click the link. If you want to view the files before you have to file your Response, or if you want to request an Extension, contact the case coordinator on the email you were sent and ask to have your profile set up. If you lost the email, please contact customer service at email@example.com
with as much information as possible to help us identify the case for which you are a Respondent, we can resend the email to you.
What do I need to have to file a Response?
Review the URS for the list of defenses you can make. You will be given 2,500 words to refute the allegations made by the Complainant. You will be able to upload evidence that supports your claims. Such evidence might include evidence of your business plan or trademark, copies of correspondance between you and Complainant, screenshots showing what the site is being used for, or any other evidence that you think the Examiner will find useful. Remember, this is a “rapid” process, so it will not help your case to overwhelm the Examiner with attachments.
How do I stay on top of my case(s) and deadlines?
Once you create a login, you will be able to view all active cases with us, regardless of ruleset (that is, you can view UDRP and URS, etc, cases on the same portal). Cases are always sorted in your portal by deadline date. Through your portal you can find out:
- Your Case Coordinator
- The status of your case and the current deadline dates
- The name of the Examiner
You can also use the portal to request withdrawals, stays, and extensions, or to pay fees. You can view all case documents through the portal and download them, if desired.
What if I need an Extension of Time to Respond?
You can contact us for portal access and make the request via the portal. Requests must be made prior to the expiration of the Response period.
What language are the case documents in?
All website and portal screens are in English. The Complaint is also submitted in English, but a Respondent may Respond in one of the languages of the countries represented in the Whois data. In that case, many of our Orders and Determinations will be issued in that language as well.
Can I pick the Examiner?
No. The Examiner is selected from a rotating list.
If there is no Response, will the Complainant automatically win?
No. The Examiner will always review the submissions to be sure Complainant made its prima facie case.
There is already a Default Determination that ordered the domain names suspended, how is it that the Respondent can still Respond?
The URS allows the Respondent to respond up to six months after the Default Determination. They can do so for free for up to 30 days. After that, the Respondent has to pay a re-examination fee.
If a Respondent Responds after a Default Determination do I get a chance to reply?
No. The Examiner will review your original Complaint together with the Response and make a new Determination. Depending on the circumstances of the case, a new Examiner may be appointed.
I thought this was a loser pays system. I won. How do I get my money back?
The loser pays portion of the URS is limited. Where there is a Complaint with more than 15 domain names, the Respondent is not permitted to respond without matching the fee paid by the Complainant. If the Respondent does Respond and pay that fee, that money will be reimbursed to the prevailing party after the Final Determination is issued. This is the only circumstance in which money will be refunded to any party for any reason.
Can I Appeal if I lose?
Yes, usually. The only time you cannot Appeal is if you are the Complainant and you lost a Default case. In that case you can simply re-file. If there was a finding of abuse or material falsehood against you, you can appeal that, however.
How do I Appeal to the UDRP?
Within 30 days of a Determination, you can bring a UDRP case against the same domain name if you are a losing URS Complainant. If you do, let your case coordinator know about the URS case and a portion of your UDRP filing fee will be refunded. Simply follow the steps outlined at www.adrforum.com/UDRP to file your UDRP complaint.
I am not sure if I should use the UDRP or the URS; what should I do?
The URS is not a good choice if:
- You want to get the domain name
- There are any possible legitimate arguments in favor of Respondent
- You only have common law rights