.bf Domains Dispute & Policy
CHAPTER IV: SETTLEMENT OF DISPUTES Last Update 20 August 2012.
The registry organizes an alternative dispute resolution concerning the abusive registration domain names.
A committee of three members at most, according to the will of the parties ensures the settlement of disputes in accordance with the provisions of this chapter. People can sit on the Commission are selected by the register of objective and transparent manner, particularly with regard to their mastery of the issues involved. The list of these persons is published on the website of the register.
Is considered an abusive registration, the fact of registering a domain name or to use a domain name registered in the following cumulative circumstances:
- the domain name is identical or confusingly similar to point to a likelihood of confusion a trademark or service to a geographical indication, a surname, a trade name, a name and description of an association to a name geographic entity or as an original work owned by others on which the complainant has rights;
- the holder of the domain name has no rights or legitimate interests in respect of the name domain, the domain name was registered or used in bad faith.
The holder of the domain name has a right or legitimate interest on it, especially in following cases:
- before notice of the dispute, the holder of the domain name was used or used a name corresponding to the domain name in connection with a bona fide offer of products or services, or has made serious preparations for that purpose;
- the holder of the domain name is known by the domain name in question; it is a legitimate noncommercial or fair use of the domain name without intent to deceive consumers, to divert consumers for commercial gain by creating confusion or harm the reputation of a brand name or a name otherwise protected;
- the use of the mark or otherwise protected in the name of a name area is covered by the exercise of cpr144449003101 freedom of expression, without this exercise can cause confusion or harm disproportionately's reputation or brand name otherwise protected from the name.
Evidence that the domain name was registered or used in bad faith can be incorporated, in particular, by the evidence of one of the following circumstances:
- the facts show that the domain name was registered or acquired primarily for purpose of selling, renting, or otherwise transfer the registration of the domain name the applicant or a competitor thereof, for consideration and for a price exceeding the amount expenses that the holder of the domain name has disbursed directly related to the name of field;
- the domain name was registered in order to prevent the holder of an interest in a name brand, or otherwise protected to resume it in the form of name field, and the holder of the domain name is a pattern of such practice or name area has not been used in a relevant way for at least two years after the date of registration;
- the domain name was registered primarily to disrupt operations business of a competitor; - using the domain name, the holder of the domain name has intentionally attempted to attract, for commercial gain, Internet users to a website or other on- line location, by creating a likelihood of confusion with the mark or name otherwise protected owned by the applicant regarding the source, sponsorship, affiliation, or endorsement of the site or web space of the holder or of a product or service who is proposed;
- the domain name is a personal name for which no link can be demonstrated between the holder of the domain name and domain name registered.
Using the method of dispute resolution under this chapter is not exclusive of shares before courts. However, the choice of dispute resolution The party claiming a legitimate right to a domain name. This choice is final and requires the person or entity on whose behalf this domain name was recorded.
The decision of the commission dispute resolution is binding on the parties and to register. It may be appealed to the Court of Appeal within thirty calendar days. This appeal is not suspensive.
Register determines the rules of procedure before the Commission accordance the provisions of this Act and the rules defined by ICANN and the WIPO Rules disputes relating to the abusive registration of domain names.
The costs of the proceedings shall be borne by the litigants.