STOP For Multiple Claimants
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
winsi.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 faiththen 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.
[Please note, dates are subject to change.]
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