The Policy is incorporated by reference into your Registration Agreement with the Registrar(s) of your domain name(s), in accordance with which you are required to submit to and participate in a mandatory administrative proceeding in the event that a third party (a Complainant) submits a complaint to a dispute resolution service provider, such as the Center, concerning a domain name that you have registered. You will find the name and contact details of the Complainant, as well as the domain name(s) that is/are the subject of the Complaint in the document that accompanies this Coversheet.

You have no duty to act at this time. Once the Center has checked the Complaint to determine that it satisfies the formal requirements of the Policy, the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) and the Center’s Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules), and it has received the required payment from the Complainant, it will forward an official copy of the Complaint to you. You will then have 20 calendar days within which to submit a Response to the Complaint in accordance with the Rules and Supplemental Rules to the Center and the Complainant. Should you so desire, you may wish to seek the assistance of legal counsel to represent you in the administrative proceeding.

Alternatively, you may contact the Center to obtain any of the above documents. The Center can be contacted at :
India Legal Consultants (Pvt.) Ltd.
‘Discovery’, Plot No. 48
Sector – V, IMT Manesar
Gurgaon – 122 015, Haryana (INDIA)
Tel.: +91-124-2291361/62, 2291323, 2291378
Fax: +91-124-2291352, Extn. 158
Email: manoj@legalsolutions.org

You are kindly requested to contact the Center to provide the contact details to which you would like (a) the official version of the Complaint and (b) other communications in the administrative proceeding to be sent.

A copy of this Complaint has also been sent to the Registrar(s) with which the domain name(s) that is/are the subject of the Complaint is/are registered.

By submitting this Complaint to the Center the Complainant hereby agrees to abide and be bound by the provisions of the Policy, Rules and Supplemental Rules.

The Complaint:

Before the:

WAQALAT Centre for Arbitration and Alternate Dispute Resolution

(Complainant)
[NAME AND ADDRESS OF COMPLAINANT AS STATED IN COMPLAINT]

-v-

(Respondent)
[FULL NAME AND ADDRESS OF RESPONDENT]

Disputed Domain Name(s):
[List name(s) in full]

COMPLAINT IN ACCORDANCE WITH THE
UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

I. Introduction

[1.] This Complaint is hereby submitted for decision in accordance with the Uniform Policy for Domain Name Dispute Resolution, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 (the Policy), the Rules for Uniform Domain Name Dispute Resolution Policy, approved by ICANN on October 24, 1999 (the Rules) and the WAQALAT Centre for Arbitration and Alternate Dispute Resolution Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules). See Rules, para. 3(b).

II. The Parties

A. The Complainant

(Rules, para. 3(b)(ii) and (iii))

[3.] The Complainant’s contact details are as follows:

[Note: If there is more than one complainant, provide the above information for each complainant in the text box below, describe the relationship between the complainants and why each complainant has a sufficient common interest in the domain name(s) in issue for a joinder to be permissible.]

[4.] The Complainant’s authorized representative in this administrative proceeding is:

[If relevant, identify authorized representative and provide all contact details, including postal address, telephone number, fax number, email address; if there is more than one authorized representative, provide contact details for each.]

[5.] The Complainant’s preferred method of communications directed to the Complainant in the administrative proceeding is as follows:

Electronic-only material

Material including hardcopy

B. The Respondent

(Rules, para. 3(b)(v))

[6.] According to [indicate why the person/entity identified in the Complaint has been identified as the Respondent, e.g., the concerned registrar’s Whois database, the Internic database], the Respondent in this administrative proceeding is [identify respondent, including, full name, and if relevant, legal status, place of incorporation and principal place of business, or residence)]. Copies of the printout of the database search[es] conducted on [date] are provided as Annex [annex number].

[7.] All information known to the Complainant regarding how to contact the Respondent is as follows:

[Provide all contact details (postal address, telephone number, fax number, email address) for respondent, including those that may have been used in the course of pre-complaint dealings and those available from any Whois look-up service.]

[If there is more than one respondent, provide the contact details for each respondent and describe the bases on which they are being joined in a common complaint.]

III. The Domain Name[s] and Registrar[s]

(Rules, para, 3(b)(vi) and (vii))

[8.] This dispute concerns the domain name[s] identified below:

[Identify precisely the domain name[s] in issue.]

[9.] The registrar[s] with which the domain name[s] [is/are] registered [is/are]:

[Provide the name and full contact details of the registrar with which the domain name[s] is/are registered.]

IV. Jurisdictional Basis for the Administrative Proceeding

[10.] This dispute is properly within the scope of the Policy and the Administrative Panel has jurisdiction to decide the dispute. The registration agreement, pursuant to which the domain name[s] that [is/are] the subject of this Complaint [is/are] registered, incorporates the Policy.

[If relevant, indicate when the domain name(s) was/were registered and specify the language in the registration agreement that makes the Policy applicable to the domain names(s).] A true and correct copy of the domain name dispute policy that applies to the domain name[s] in question is provided as Annex [annex number] to this Complaint.

[11.] In addition, in accordance with Policy, Paragraph 4(a), the Respondent is required to submit to a mandatory administrative proceeding because:

V. Factual and Legal Grounds

(Policy, paras. 4(a), (b), (c); Rules, para. 3)

[12.] This Complaint is based on the following grounds:

- Circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the owner of the trademark or service mark (normally the Complainant) or to a competitor of that Complainant, for valuable consideration in excess of the domain name registrant’s out-of-pocket costs directly related to the domain name; or

- Whether the domain name was registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name registrant has engaged in a pattern of such conduct; or

- Whether the domain name was registered primarily for the purpose of disrupting the business of a competitor; or

- Whether by using the domain name, the domain name registrant intentionally attempted to attract for financial gain, Internet users to the registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the registrant’s web site or location or of a product or service on the registrant’s web site or location; or

- Whether before any notice to the domain name registrant of the dispute, there is any evidence of the registrant’s use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

- Whether the domain name registrant (as an individual, business, or other organization) has been commonly known by the domain name, even if the registrant has acquired no trademark or service mark rights; or

- Whether the domain name registrant is making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain misleadingly to divert consumers or to tarnish the trademark or service mark at issue.]

VI. Remedies Requested

(Rules, para. 3(b)(x))

[13.] In accordance with Paragraph 4(b)(i) of the Policy, for the reasons described in Section V above, the Complainant requests the Administrative Panel appointed in this administrative proceeding issue a decision that the contested domain name(s) be dealt with as follows:

choose one per domain name:

VII. Administrative Panel

(Rules, para. 3(b)(iv))

[14.] The Complainant elects to have the dispute decided by a Single member administrative panel Three member administrative panel

[ ]. [If a three-member Administrative Panel is designated, the names of three persons must be provided below, one of whom the Center shall attempt to appoint to the Administrative Panel in accordance with Paragraph 6 of the Rules and Paragraph 7 of the Supplemental Rules. The names of the nominees may be taken from the Center’s published list of panelists or that of any other ICANN-accredited dispute resolution service provider.]

VIII. Mutual Jurisdiction

(Rules, para. 3(b)(xiii))

[15.] In accordance with Paragraph 3(b)(xiii), the Complainant agrees to submit, only with respect to any challenge that may be made by the Respondent to a decision by the Administrative Panel to transfer or cancel the domain name[s] that [is/are] the subject of this Complaint, to the jurisdiction of the courts at the following location:

Principal office of the registrar Domain name holder's WHOIS address Both

[choose: either the location of the principal office of the concerned registrar and/or where the Respondent’s is located, as shown by the address[es] given for the domain name holder in the concerned registrar’s Whois database at the time of the submission of the Complaint to the WAQALAT Centre for Arbitration and Alternate Dispute Resolution Center].

IX. Other Legal Proceedings

(Rules, para. 3(b)(xi))

[16.] [If any, identify other legal proceedings that have been commenced or terminated in connection with or relating to the domain name(s) that [is/are] the subject of the Complaint and summarize the issues that are the subject of that/those proceeding(s) .]

X. Communications

(Rules, para. 3(b)(xii); Supplemental Rules, para. 4(b))

[17.] A copy of this Complaint, including the cover sheet as prescribed by the Supplemental Rules, is being sent or transmitted to the Respondent on [date] by

[indicate method(s) of communication and contact details used, with reference to Rules, para. 2(b)].

[18.] A copy of this Complaint, is being sent or transmitted to the concerned registrar[s] on [date] by

[indicate method(s) of communication and contact details used].

XI. Payment

[19.] As required by the Rules and Supplemental Rules, payment in the amount of USD [amount] is being made by Bank transfer Check Credit card [method].

Additional information, if any:

XII. Certification
(Rules, para. 3(b)(xiv))

[20.] The Complainant agrees that its claim and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the domain name holder and waives all such claims and remedies against (a) the WAQALAT Centre for Arbitration and Alternate Dispute Resolution and Panelists, except in the case of deliberate wrongdoing, (b) the concerned registrar(s), (c) the registry administrator, (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents.

[21.] The Complainant certifies that the information contained in this Complaint is to the best of the Complainant’s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under the Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.

Submitted,