ORGANISATION MONDIALE
DE LA PROPRI…T… INTELLECTUELLE
 

Centre díarbitrage et de mťdiation de líOMPI

 

WORLD INTELLECTUAL
PROPERTY ORGANIZATION
 

WIPO Arbitration and Mediation Center


 

 

January 22, 2002

   

Re:Case No.Dinfo 2001-00885-0001

<badpyrmont.info>

Notification of Priority Challenge and Commencement of Administrative Proceeding

 

1.††††† Notification.You are hereby notified that an administrative proceeding has been commenced against you pursuant to the Afilias Sunrise Registration Challenge Policy (the Policy) ( http://www.afilias.info/register/dispute_resolution/sunrise_challenge_policy_revised).

 

The Policy is incorporated by reference into your Registration Agreement with the Registrar of your domain name, pursuant to which you are required to submit to and participate in a mandatory administrative proceeding in the event that a third party (the Challenger) submits a Challenge to the WIPO Arbitration and Mediation Center (the Center), regarding the compliance of your domain name registration with the sunrise registration conditions in relation to trademark or service mark rights.The relevant conditions are specified in the Policy, Paragraph 4(c) and referred to in the Challenge.

 

2.††††† Receipt of Challenge.The Challenge was submitted by City of Bad Pyrmont, mayor Demuth through the Centerís Online Challenge Filing System during the Sunrise Challenge Period A copy of the Challenge accompanies this notification.

 

3.††††† Formal Requirements Compliance Review.In accordance with Paragraph 4(a) of the Rules for Sunrise Registration Challenge Policy (the Rules) ( http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised), the Center has verified that the Challenge satisfies the formal requirements of the Policy and the Rules.Payment in the required amount to the Center has been made by the Challenger.

 

4.††††† Commencement of Administrative Proceeding.In accordance with Rules, Paragraph 4(c), the formal date of commencement of the administrative proceeding is January 22, 2002.

 

5.††††† Deadline for Payment.In accordance with Rules, Paragraph 5(a), within ten (10) calendar days of the above date of commencement of the administrative proceeding, you must pay a Respondentís fee in the amount of USD 295.This payment must be made by submitting credit card information through the Centerís Online Respondent Payment Form at https://webaccess.wipo.int/domains/sunrise/respondent-payment.html.The last day for submitting your Respondent Payment Form to the Center is February 1, 2002.The Center is under no obligation to consider payment effected by any other means.

 

If you pay the Respondentís fee and the Center determines that the disputed Domain Name has been registered in accordance with the sunrise registration conditions set forth in the Registration Agreement, the Center will reimburse you the Respondentís fee in full.If you fail to submit the Respondent Payment Form including valid credit card information within the above date, the Center will send you a reminder to submit such payment within ten (10) further days.If the Center is not satisfied that the Respondentís fee has been paid within such further period, in accordance with Rules, Paragraph 13(b), the Challenge will be granted on the basis of your failure to pay the fee.If the Priority Challenger has requested transfer, this will be subject to a decision by the Center that the challenge complies with the sunrise registration conditions, failing which Policy, Paragraph 4 (e)(iii) shall apply.

 

6.††††† Deadline for Response.Within sixty (60) calendar days from the date of commencement of administrative proceeding referred to in Paragraph 4 above, you must submit to the Center, with a copy to the Challenger, a Response according to the requirements that are described in Rules, Paragraph 5.The last day for submitting your Response is March 23, 2002.

 

7.††††† Response Filing.Your Response must be submitted in electronic form (without annexes) via the Internet using the Response Form made available by the Center at https://webaccess.wipo.int/domains/sunrise/response.html and in hard copy (with annexes) by postal or courier service.To the hardcopy of your Response, you must annex the originals or certified copies of any trademark or service mark certificates demonstrating that you have complied with the sunrise registration conditions of the Domain Name Registration Agreement (Policy, Paragraph 4(c), Rules, Paragraph 5(d)(i)).A certified copy of a trademark or service mark certificate means a copy certified by the Trademark Office with which the trademark or service mark is registered.Pursuant to Rules, Paragraph 6(b), any trademark or service mark certificates in a language other than English must be accompanied by a certified translation into English.

 

You must send the hard copy of the Response as follows:

 

        one signed original and two copies of the Response including all attachments by postal or courier service (postage pre-paid and return receipt requested) to the Center;

        one copy of the Response including all attachments by postal or courier service (postage pre-paid and return receipt requested) to the Challenger in accordance with the preferred contact details indicated by the Challenger in the Challenge.

 

You are not required to send the Response to the registrar or the registry.

 

8.††††† Default.If your Response is not submitted by the date specified in Paragraph 6 above, you will be considered in default.In such event, in accordance with Rules, Paragraphs 5(f) and 9(a), unless the Center finds that exceptional circumstances apply, the Challenge will be granted. If the Priority Challenger has requested transfer, this will be subject to a decision by the Center that the challenge complies with the sunrise registration conditions, failing which Policy, Paragraph 4 (e)(iii) shall apply.If, in the absence of exceptional circumstances, you do not comply with any provision of, or requirement under, the Rules or any request from the Center, the Center may draw such inferences therefrom and may undertake such procedural steps as it considers appropriate.

 

9.††††† Center Decision.The Center will use reasonable efforts to decide upon the Challenge within twenty (20) days of the receipt of all submissions to be made by the parties under the Policy and the Rules or of the expiry of the deadline for such submissions.The Centerís determination of whether the Sunrise registration conditions set forth in Paragraph 4(c) of the Policy are met will be based solely on a prima facie examination of any trademark or service mark certificates submitted.The Centerís decision is of an administrative nature and shall be final.The Center shall not be required to state reasons for its decision.

 

10.††† Additional Information.Any further questions about the procedure may be directed to the Center by telephone at +41 22 338 8247, by fax at +41 22 740 3700 or by e-mail at info.sunrise@wipo.int.All e-mail communications in relation to an existing case must include, in the subject line of the e-mail, the Challenge number assigned by the Center as well as the disputed domain name.

 

 

Yours sincerely,

 

 

 

WIPO Arbitration and Mediation Center

 


 

COMMUNICATIONS

 

This notification with a copy of the Challenge is being communicated to the Respondent (including the domain name registrant and administrative contact), as required by Paragraph 4(a) of the Rules, in accordance with the following contact details:

 

Konrad Plankenstein

konrad.plankensteiner@tiscover.com

 

By the following methods:

 

[ x ]†† E-mail

[ x ]†† Facsimile

[]†††† Post/Courier

 

This notification is being copied to the Challenger by e-mail at:

 

City of Bad Pyrmont, mayor Demuth

Rechtsanwalt Ralf Moebius

ralfmoebius@gmx.de

 

 

This notification is also being copied to the Registrar and the Registry by e-mail.

 

 

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