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Legal Issues & Domain Name Disputes

 

Please click on a category below to view detailed instructions and frequently asked questions related to transferring or making changes to your domain name.

 

 

 

Frequently Asked Questions About Domain Name Disputes

What is the Uniform Domain Name Dispute Resolution Policy ("UDRP")?
The Uniform Domain Name Dispute Resolution Policy ("UDRP") was adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") on October 24, 1999.  All .lc domain name registrants are required to abide by the terms of the UDRP, which is incorporated by reference into Nic.LC's Registration Agreement.  The UDRP sets forth the terms and conditions which govern disputes between you and any party other than Nic.LC concerning your registration and use of any .lc domain names.

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How do I initiate a UDRP proceeding?
In order to initiate a UDRP proceeding, you must submit a complaint to one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm, that states:

  1. The domain name you are complaining about is identical or confusingly similar to a trademark or service mark in which you have rights; and
  2. The registrant of the domain name you are complaining about has no rights or legitimate interests in respect of that domain name; and
  3. The registrant has registered and is using the domain name you are complaining about in bad faith. In addition, your complaint must conform to the Rules for Uniform Domain Name Dispute Resolution Policy which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, as well as the selected administrative-dispute-resolution service provider's supplemental rules.

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Does the UDRP prevent me from submitting a domain name dispute to a court of competent jurisdiction?
The UDRP does not prevent either complainants or domain name registrants from submitting a dispute to a court of competent jurisdiction for independent resolution either before a UDRP proceeding is commenced, while a UDRP proceeding is taking place, or after a UDRP proceeding is concluded.

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What is an administrative-dispute-resolution provider?
An administrative-dispute-resolution provider is an organization approved by ICANN to administer UDRP proceedings.

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Where can I get a list of administrative-dispute-resolution providers?
A current list of ICANN-approved administrative-dispute-resolution providers is available at http://www.icann.org/udrp/approved-providers.htm.

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What happens to a domain name that is the subject of a UDRP proceeding while that proceeding is taking place?
A domain name that is the subject of a UDRP proceeding may not be transferred to another registrant or another registrar while that proceeding is taking place, and for a period of fifteen (15) business days after that proceeding has been concluded.

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What involvement does Nic.LC have in domain name disputes?
Nic.LC will not directly participate in any dispute between a domain name registrant and any party other than Nic.LC regarding the registration and use of a domain name.

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What happens if an administrative panel decides that a domain name registration should be canceled or transferred?
If an administrative panel decides that a domain name registration should be canceled or transferred, Nic.LC will wait ten (10) business days after we are informed by the applicable administrative-dispute-resolution provider of the administrative panel's decision before implementing that decision.  We will implement the decision unless we receive from the registrant during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the registrant has commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure.  (In general, that jurisdiction is either the location of our principal office or of the registrant's address as shown in our WHOIS database.)  If Nic.LC receives such documentation within the ten (10) business day period, we will not implement the administrative panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the registrant's lawsuit or ordering that the registrant does not have the right to continue to use the domain name at issue.

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How do I transfer the registrant of a domain name?
Please click here to view instructions and Frequently Asked Questions related to transferring your domain name to another registrant.

 

 

 

Frequently Asked Questions About Trademarks

What is a trademark?
A trademark is a word, phrase, slogan, or logo used by an entity to identify its goods and services and distinguish them from the goods and services of another.

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Am I responsible for determining whether or not the domain name I would like to register violates or infringes someone else's trademark?
Yes.   As part of the registration process, you are required to represent that, to the best of the your knowledge and belief, neither the registration of the domain name you seek to register nor the manner in which it will be directly or indirectly used will infringe the legal rights of a third party.

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How can I uncover potential conflicts with a third party's trademark?
If you would like to uncover potential trademark conflicts with a third party's trademark, you may conduct a search of trademarks registered by the United States Patent and Trademark Office for free by clicking here.  Please note that this is a free service, offered by Identity Research Corporation, not Nic.LC.

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What happens if a third party claims that my domain name violates their trademark?
Please click here to view Nic.LC's Frequently Asked Questions about domain name disputes.

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Does Nic.LC allow trademarked domain names to be registered?
Nic.LC is not responsible for determining the legality of a domain name registration.  In the event that a potential registrant registers a trademarked word, phrase, slogan or name as a domain name, Nic.LC has no responsibility to prevent the registration or mediate disputes between a domain name holder and another party.

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What happens to my domain name in the event of a Trademark conflict?
In the event that your registered domain name is in conflict with a registered Trademark or Service Mark, and is the subject of a domain name dispute under Nic.LC's Dispute Policy, located at http://www.nic.lc/dispute-policy.htm, the domain name remains active on the Internet, but cannot be transferred to another registrar or registrant until the dispute has been resolved.  After the dispute has been resolved, the domain name will be released for use to the Registrant, according to the terms established by the dispute resolution provider.  For a list of dispute resolution providers, please click here.


 

 

 

Frequently Asked Questions About the Services Agreement


Where can I view the terms of Nic.LC's Registration Agreement?
To view the terms of Nic.LC's Registration Agreement, click here.

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If I do not agree with Nic.LC's Registration Agreement, can I still register a domain name through Nic.LC?
In order to register a domain name through Nic.LC, you must certify that you have read, understood, and agreed to be bound by all terms and conditions of Nic.LC's Registration Agreement, as well as any additional rules or policies that are or may be published by Nic.LC from time to time.  If you do not so certify, you will not be able to register a domain name through Nic.LC.

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