|
When multiple IP Claims are submitted for the same domain name,
each applicant for a domain name that is in conflict with an IP Claim
will be notified via e-mail of all of the IP Claims submitted for
that domain name. The following is a summary of the STOP process
if there are multiple Claimants:
- In
the event of multiple Claims for the same domain name, the multiple
Claims will be randomized by the Registry to determine the order
in which the IP Claimants can elect to enter the Start-up Trademark
Opposition Policy (STOP) proceeding. This list of priorities will
be made known to all of the IP Claimants when they are notified
of who successfully registered the domain name. The IP Claimant
in the "first priority" position will have 20 calendar
days, once notified of who got the registration, to file a STOP
complaint in accordance with the STOP Rules. If the first Claimant
does not file within 20 calendar days, then the second Claimant
will have 20 days from then to file.
- In
the event that the first Claimant files a complaint and wins—i.e.,
it has shown that (a) it has legitimate rights to the domain name,
(b) the Registrant has no legitimate rights, and (c) the Registrant
registered the domain name in bad faith or used the domain name
in bad faith—then the dispute panel will find for the first
Claimant, award the domain name to the first Claimant and no further
STOP proceedings will commence.
- In
the event that the Registrant demonstrates before a dispute panel
that it has legitimate rights to the domain name, it will win the
STOP proceeding and be allowed to keep the name. In addition, no
further Claimants will be allowed to invoke STOP proceeding because
the Registrant has shown that it has legitimate rights to the domain
name. However, nothing prevents any other Claimant from bringing
a UDRP action against the Registrant if the Claimant can show the
necessary elements of a UDRP action.
- In
the event that the Registrant cannot show legitimate rights and
the first Claimant cannot show that either (a) it has legitimate
rights, or (b) the domain name was not registered in bad faith,
then the second Claimant will be allowed to submit its STOP action
to any ICANN-accredited dispute-resolution provider and the process
begins again.
NOTE: Although there is only a 30-day hold period for any domain
name that is subject to an IP Claim (i.e., the domain name will resolve
on the 31st day), a Registry lock will be in place until the STOP
process has been completed. During this lock period, although a domain
name will resolve, no changes in ownership or transfers will be allowed.
|