Before the:

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]

Case Number:
[Indicate assigned case number]

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

The Response:

[ ]. On [indicate date on which the Notification of Complaint and Commencement of Administrative Proceeding was received], Respondent received a Notification of Complaint and Commencement of Administrative Proceeding from the WIPO Arbitration and Mediation Center (Center) by email fax post/courier informing the Respondent that an administrative proceeding had been commenced by Complainant 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 WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules). The Center set [date specified in Notification of Complaint and Commencement of Administrative Proceeding] as the date for the submission of a Response by Respondent.

[ ]. Respondent hereby responds to the statements and allegations in the Complaint and respectfully requests the Administrative Panel to deny the remedies requested by Complainant.

[ ]. [If appropriate and the allegation can be substantiated with evidence, the Rules provide that a Respondent may ask the Panel to make a finding of reverse domain name hijacking.]

A. Respondent’s Contact Details

(Rules, para. 5(b)ii) and (iii))

[ ]. For the purposes of the administrative proceeding, Respondent’s contact details are as follows:

[If there is more than one Respondent, provide this information for each Respondent in the text box below]

[ ]. Respondent’s authorized representative in this administrative proceeding is:

[If Respondent has an authorized representative, provide all contact details, including postal address, telephone number, fax number, e-mail address for the authorized representative; if there is more than one authorized representative, provide contact details for each.]

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

Electronic-only material

Material including hardcopy

B. Response to Statements and Allegations Made in Complaint

(Policy, paras. 4(a), (b), (c); Rules, para. 5)

Paragraph 5(b)(i) of the Rules instructs Respondent in its Response to "Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent (domain name holder) to retain registration and use of the disputed domain name…." With reference to that paragraph, in this section Respondent may wish to discuss some or all of the following, to the extent relevant and supported by evidence:

• Whether the domain name(s) that is/are the subject of the Complaint is/are covered by the Policy;

• Under Policy, Paragraph 4(a), for a Complainant to succeed, it must establish that the following three conditions are satisfied: (1) that the domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) that Respondent has no rights or legitimate interests in respect of the domain name; and (3) that the domain name has been registered and is being used in bad faith. As Complainant must prove each of these elements, Respondent may wish to discuss the extent to which Complainant has met its burden of proof. In this connection, consideration may, for example, be given to the following:

• Any challenges to the trade or service mark rights asserted by Complainant;

• A refutation of the arguments made by Complainant concerning the manner in which the domain name(s) is/are allegedly identical or confusingly similar to a trademark or service mark in which the Complainant claims it has rights;

• A refutation of the arguments made by Complainant as to why Respondent should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the Complaint. Evidence should be submitted in support of any claims made by Respondent concerning its alleged rights or legitimate interests in the domain name(s);

• A refutation of the arguments made by Complainant as to why the domain name(s) should be considered as registered and used in bad faith.

• Policy, Paragraph 4(b) identifies several examples of circumstances that an Administrative Panel could consider as constituting bad faith. Policy, Paragraph 4(c) sets out examples of circumstances demonstrating the Respondent’s rights to or legitimate interests in the domain name for purposes of Policy, Paragraph 4(a)(ii). With reference to those two paragraphs of the Policy, to the extent argued by Complainant, Respondent should discuss and show that:

- the domain name(s) was/were not registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration(s) to Complainant, as the alleged owner of the trademark or service mark, or to a competitor of Complainant, for valuable consideration in excess of Respondent’s out-of-pocket costs directly related to the domain name;

- the domain name(s) was/were not registered in order to prevent Complainant from reflecting the mark in a corresponding domain name and, in connection therewith, Respondent has not engaged in a pattern of such conduct;

- Complainant and Respondent are not competitors and/or the domain name(s) was/were not registered by Respondent primarily to disrupt Complainant’s business;

- the domain name(s) was/were not registered by Respondent in an intentional attempt to attract for commercial gain, Internet users to the Respondent’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 Respondent’s web site or location or of a product or service on the Respondent’s web site or location;

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

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

- the Respondent 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(s) or service mark(s) at issue.

• This section of the Response (i.e., in this Model Response, Section B, Response to Statements and Allegations Made in Complaint) should not exceed the 5000 word limit, not including annexes, provided for in the WIPO Supplemental Rules, para. 10(b).

• Relevant documentation and other evidence in support of Respondent’s position, should be submitted as annexes to the Response, with a schedule indexing such documents. Copies of case precedents or commentaries that are referred to for support should be submitted with complete citations.

C. Administrative Panel

(Rules, paras. 5(b)(iv) and (v) and para. 6; Supplemental Rules, para. 7)

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

[state "single-member Administrative Panel" if Complainant has asked for a single-member Administrative Panel and Respondent agrees with that election. If Respondent does not agree and wants a three-member Aministrative Panel instead, state "three-member Administrative Panel". Note that in such case Respondent must share in half of the Center’s fee for a three-member Administrative Panel, as set out in Supplemental Rules, Annex D. If Complainant has indicated it wants a three-member Administrative Panel, then Respondent does not have the option of choosing a single-member Administrative Panel].

[ ]. [If Respondent designates a three-member Administrative Panel, regardless of whether Complainant also designated a three-member Panel, Respondent must provide the names of three persons, one of whom the Center will endeavour to appoint to the Administrative Panel. The names of these three nominees may be taken from the Center’s published list of panelists or that of any other ICANN-accredited dispute resolution service provider]

D. Other Legal Proceedings

(Rules, para. 5(b)(vi))

[ ]. [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).]

E. Communications

(Rules, para. 5(b)(vii); Supplemental Rules, para. 4(b))

[ ]. A copy of this Response is being sent or transmitted to the Complainant on [date] by [indicate method(s) of communication], using the following contact details [indicate contact details used, with reference to those provided in the Complaint].

F. Payment

(Rules, para. 5(c), Supplemental Rules, Annex D)

[ ]. In view of the Complainant’s designation of a single-member Panel and the Respondent’s designation of a three-member Panel, the Respondent hereby submits payment in the amount of USD [amount] by Bank transfer Check Deduction from WIPO current account Credit card [method].]

Additional information, if any:

G. Certification

(Rules, para. 5(b)(viii), Supplemental Rules, para. 12)

[ ]. Respondent hereby agrees that, in accordance with Supplemental Rules, para. 12, except in respect of deliberate wrongdoing, an Administrative Panel, the WAQALAT.COM Centre for Arbitration and Alternate Dispute Resolution and the Center shall not be liable for any act or omission in connection with the administrative proceeding.

[ ]. The Respondent certifies that the information contained in this Response is to the best of the Respondent’s knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response 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: