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GUIDELINES FOR
RESOLVING .IT DOMAIN NAMES DISPUTE
Aim.
To transfer a registered domain name to whom has the right on it
from who mantains it whithout any title or right.
Preliminary evaluation.
To start a procedure of reassignment of the domain names registered
under the country code Top Level Domain ".it", it is necessary that
the registered domain name is identical or confusingly similar to a
personal name and/or company name and/or trademark and/or service
mark in which the complainant (the person or entity bringing the
complaint) has rights; and the domain name registrant has no rights
or legitimate interests in respect of the domain name in question;
and the domain name has been registered and is being used in bad
faith. The procedure could be started on protection of the names and
last names and your trademarks, and also to defend trademarks de
facto, corporate names, others distinguishing signs (standard,
company, name of newspaper or a literary work, etc.) or Intellectual
Property (IP) rights. Obviously, at least you should have an active
e-mail address. Remember that, with the above mentioned procedure,
You can transfer only a domain name registered and used in bad faith.
Starting the procedure.
First of all, it is necessary to verify that who has registered the
domain name that you contest did not have any right to do it. You
can verify, on Internet, who is the registrant (this is essential to
file the complaint) of the domain name that you mean to contest,
approaching the data base (named WHOIS) of the registered domain
names to the following address http://www.nic.it/RA/database/database.html.
For instance, if it has been registered a domain name with your name
(www.yournameandsurname.it), to contest the title, you will have to
verify that who has registered it does not boast rights on that same
name. Therefore, if the rEgistrant of the domain name has the same
name as you (and therefore he/she has the same right to register the
domain name "www.yournameandsurname.it") is not advisable to start
the procedure. In fact, in case of same name, the domain name is
legitimately registered and use by whom, first, requested for it,
and so, your Complaint would be rejected (according to the
principles “first come first served” and “bona fede intention to use”).
Letter of Complaint.
First of all, to start the reassignment procedure it is necessary to
contest to the registrant the title or the maintenance of the domain
name, by a registered letter sent to the Italian Registry and, for
information, to the registrant, according to the Art. 14 of the
Rules of Assignement (the Rules), with which you communicate that
you mean to contest the domain name. The Complaint must contain the
name and address of the complainant, the registered domain name, the
reasons (if any, the legal grounds) of the Complaint, the
prejudgment endured from the Claimant or his/her right. In any case,
to semplify the task, we have predisposed a Complaint form,
printable at www.mfsd.it. You must fill in and send it to the
Italian Registry c/o IAT – CNR, Via G. Moruzzi 1, 56124 Pisa.
The Letter of Complaint is essential to start the procedure and, at
the same time, it is an useful way to avoid and/or stop the transfer
of the registered domain name (so called “cyberfly”). Actually, the
registrant cannnot yield the domain name to anyone but the
Complainant.
Remember that if you do not start the procedure of reassignment
within 6 months from the day that the Registry received the Letter
of Complaint, the registered domain name could be yielded by the
registrant: in this case, you must send a new Letter of Complaint to
confirm the request of suspension.
Claim.
Once contested the domain name, it will be necessary to file the
claim, that it could be written up in free format, provided that it
contains all the elements provided by the Rules of the Procedure of
Reassignment. You can use the free MFSD’s form, that appears on the
referred web page. The Claim, that can concern more the one domain
names assigned to the same holder, will be considered irreceivable
if the contested domain name is object of a Court or an arbitration
proceeding.
Panelists.
An Administrative Panel, composed of one or three independent and
impartial persons appointed by MFSD, is selected to administer the
dispute according to the Rules and Supplement Rules. The
Administrative Panel is independent of the MFSD, Registry and the
parties. Panels are professional men/women accredited, listed and
elected by MFSD, for deciding an administrative proceeding, and
their names are in the web site: www.mfsd.it
In the Claim, You must indicate your choice between one Panel or a
College of three Panels; if You prefer one Panel, this is designated
by MFSD, if You prefer a College of three Panels You must indicate
the name of three candidates (included in the directory held by MFSD),
between which to select one of the members of the College that will
manage Your case. Once compiled the form, it is necessary: a) pay
the fee; b) send the Claim, by a registered letter, to MFSD; c) send
a copy of the Claim by e-mail.
Fees.
The cost of the procedure is supported by Complainant and must be
payed in advance to MFSD. VAT is not included in the cost. If you
obtain a positive outcome, You will be eventually able to obtain,
from the Italian Giudice di Pace (Judge of Peace), a sentence of
conviction agaist whom unlawfully registered the domain name, to
collect fees and expenses’s procedure.
Payment.
In the claim form You can find the payment modalities. Remember that
fees are no remboursable, also whether You decid to give up to the
procedure or whether the procedure is interrupted because of the
Rules. The payment certificate must be attached to the claim.
Received the payment, MFSD will send to You the invoice.
Procedure.
Once You have payed, fill the Claim with all required data, print it
and subscribe it. Attach to the form a copy of the registered Letter
of Complaint sent to the Registry and two copies of all documents to
support your Claim. Finally send everithing, by registered letter,
to MFSD, via Cosimo del Fante 12, 20122 Milan. It is recommended to
send, by e-mail, a copy of the Claim (not signed) in format rtf, TXT,
DOC or HTML, to the address: responsabile@mfsd.it. If it is possible,
attach to the e-mail a copy of the Claim sent to the Registry and a
copy of all documents to support your Claim.
The procedure begins when MFSD receives:
a) the payment of the fees;
b) the original subscribed claim with all attached documents in two
copies;
c) the e-mailed copy of the claim.
If there are any irregularities, MFSD will give you warning by
e-mail. The procedure is considered begun when everithing will be
right. MFSD uses the procedure fixed by the Rules. You will be
always informed, by e-mail, of the procedure course. Therefore MFSD
communicates to every information. You can also ask clarifications
or requests sending an e-mail to responsabile@mfsd.it.
How to responde.
If You receive, from MSFD, a claim that contests your right on a
domain name that You have registered, You can send to us a Response,
within 25 days from the date of reception (this date marks also the
beginning of the procedure). It could be written up in free format,
that it contains all the elements provided by the Rules of the
Procedure of Reassignment. You can use the form already predisposed
by MFSD, that appears on the relative web page. If You do not want
to receive informations by e-mail, You must pay to MFSD the mailing
expenses (you find the fees on our web site).
Once filled the Response (in free model or using the MFSD form), it
is necessary:
a) subscribe it and send it, by registered letter, to MFSD, with to
the documentation of support in two copies;
b) send a copy by e-mail;
c) pay the mailing expenses, if you do not want to receive the
communications by e-mail. Remember that the mailing expenses are no
remboursable, also whether you decid to give up to the procedure or
whether the procedure is interrupted because of the Rules. The
payment certificate must be attached to the Response. Received the
payment, MFSD will send the invoice
Call the number +39 0258302250 to receive more informations. Send
everithing, by registered letter, to MFSD, via Cosimo del Fante n.
12 - 20122 Milan.
You must also send by e-mail a copy of the Response, in format rtf,
TXT, DOC or HTML, to the address responsabile@mfsd.it. If it is
possible, attach to the e-mail a copy of the claim sent to the
Registry and a copy of all documents to support your claim. If there
are any irregularities, MFSD will give you warning by e-mail.
Respect the fixed term of 25 days.
When MFSD receives your Response, MFSD communicates it to the
Complainant and names the Panel (or Panels). If the Complainant
prefers three Panelists, You must indicate the name of three
candidates (listed by MFSD), between which to select one of the
members of the College that will manage Your case.
You will be always informed, by e-mail, of the procedure course.
Therefore MFSD communicates to You every information. Ask any
clarifications or informations sending an e-mail to responsabile@mfsd.it.
Within the term fixed by the Rules, You will receive the decision
about your Claim. The decision will be communicated to You, to the
Complainant and to the Registry. Moreover, the decision will be
published on www.mfsd.it and on the Registry’s web site.
If the decision gives You right and the claim is rejected, the
domain name remains to You; if the decision does not give You right,
the domain name is transferred by the Registry.
Decision.
Within the term fixed by the Rules you will receive the decision
about your claim. The decision will be communicated to you, to the
Respondent and to the Registry. Moreover, the decision will be
published on www.mfsd.it and on the Registry’s web site.
After the decision.
If the decision gives You right, You must register, with the
Registry, the domain name. You must send the Letter of Assumption of
Responsibility (L.A.R.) and ask to Your maintainer to send to the
Registry the electronic form of registration agreement. Otherwise,
the Respondent will remain the assignee. If the decision does not
give You right, You are able to go to the Court or in arbitration.
For further informations please contact:
Telephone +39 0258302250
Facsimile +39 0258325397
E-mail: responsabile@mfsd.it
Contact person: Mr. Marco Serra
or visit the web site: www.mfsd.it
NOTICE: we are providing these Guidelines as a brief informations
on current .it domain names administrative proceeding, and it should
not be considered legal advice, which depends on the facts of each
situation. Receipt of these Guidelines does not establish a
provider-user relationship.
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PDF format click here
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