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Domain name policy for .no
Appendix H: Complaint that the registration or use of the domain name infringes the complainant's rights, or ulawfully appears to be public administration or the execution of public authority.
1. General provisions
1.1 Registrations that may form the subject of complaints to the Alternative Dispute Resolution (ADR) Committee
A domain name holder must participate in the complaint process if the complaint is received within the deadline. The deadline is 3 years from the registration date. A change of holder counts as a deletion followed by a new registration. The date of the change becomes the new registration date for the domain, which is used to calculate the complaint deadline.
Complaints received after the deadline will be rejected.
1.2 Requirements for the basis of the complaint
1.2.1 Complaint that the registration or use of the domain name infringes the complainant's rights
The complainant must provide evidence that
1.2.2 Complaint that the registration or use of the domain name creates an unwarranted impression that it is associated with public-sector administration or the exercise of public powers.
The access to complain according to this clause is reserved for public bodies. The complainant must document that they have rights to a name or mark that is identical to or easily confused with the domain name.
The bad faith requirement will be considered satisfied if the domain name is confusable with the complainant's name or their public powers, or would mislead people into believing that it is connected to the complainant or the complainant's public powers.
1.3 The ADR Committee's decision
If the ADR Committee finds that the complainant holds rights to a name or mark which is identical to or resembles the domain name, and that the domain name has been registered or used in bad faith, the Committee may decide that the name must be deleted or transferred to the complainant. The ADR Committee may not make a different decision to the one claimed by the complainant.
The ADR Committee may refuse a case if it finds that the case is so complex or doubtful that it is not suitable for consideration and decision by the ADR Committee.
The ADR Committee may not make a decision in conflict with the regulations in effect for the .no domain.
The ADR Committee may not make a decision about compensatory damages or coverage of costs for the parties.
The ADR Committee's decision may not result in the loss of rights for parties other than the two that are involved in the complaint.
The ADR Committee's decision is final and no further complaint may be made about it. The decision does not impede any of the parties from subsequently submitting the dispute to the ordinary courts of law.
Norid, Norid's employees, the ADR Committee and members of the ADR Committee cannot be held liable for actions or omissions made in connection with the complaint proceedings, unless the actions or omissions were in bad faith.
1.5 Transfer of the domain name while the complaint proceedings are in progress
From the time that Norid sends a complaint to the holder in accordance with Clause 2.4 until the complaint proceedings are concluded, the domain name is blocked for transfer from the holder. If the ADR Committee's decision entails a compulsory deletion or transfer of the domain name to the complainant, the hold is maintained until the Committee's decision is implemented. An exception is made if the holder wishes to transfer the name to the complainant.
If the holder deletes the domain name while the complaint proceedings are in progress, Norid will block the domain name for registration until the complaint has been decided or concluded in any other way. If the ADR Committee decides that the domain name is to be transferred to the complainant, Norid will implement the decision in accordance with the complaint procedure. If not, the hold on the domain name will be removed without further notice.
2. Complaint procedure
Where the communication is received in more than one way, it is considered to be received on the earliest date of receipt.
2.2 Time limit for complaint
The complaint must be lodged with Norid by the time limit for complaints, which is 3 years after the date on which the domain was registered.
2.3 The complaint
The complaint shall:
When the complaint has been sent to Norid, the complainant must pay the complaint fee in accordance with Clause 2.13 and send the receipt for payment of the complaint fee to Norid.
2.4 Opening of the complaint proceedings
If Norid finds that the complaint is in accordance with the complaint regulations in effect, the complaint shall be sent to the holder within 3 working days after Norid has received the receipt showing that the complainant has paid the fee in accordance with Clause 2.13.
If Norid does not receive the receipt for payment of the complaint fee within 10 working days after Norid has received the complaint, Norid will regard the complaint as withdrawn. This does not impede the complainant from submitting a new complaint.
If Norid finds that the complaint is not in accordance with the complaint regulations in effect, Norid shall immediately inform the complainant about the defects found in the complaint. If the complainant does not send a new corrected complaint within 3 working days after receiving such information, the complaint will be refused. This does not impede the complainant from submitting a new complaint.
If the ADR Committee has found that the complainant has misused the opportunity to complain (cf Clause 2.9 e) three times during a period of two years, Norid will reject all complaints from the complainant for a period of two years.
2.5 Response from the holder
The holder must send his or her response to the complaint to Norid within 20 working days after the date on which the holder is considered to have received the complaint.
The response shall:
The response should:
If the response submitted is not in accordance with the complaint regulations in effect, Norid shall immediately inform the holder about the defects found in the response. If the holder does not send a new corrected response within 3 working days after receiving such information, it will be assumed that the response has not been received, and the parties will be informed that the complaint is to be sent to the ADR Committee.
2.6 Submission to the ADR Committee
Norid sends the complaint and response to the ADR Committee within 5 working days after a valid response has been received. If no response has been received, the complaint is sent to the ADR Committee within 5 working days after the deadline for the holder's response. A copy of any valid response is sent to the complainant when the case is sent to the ADR Committee. As soon as the case has been sent to the ADR Committee, Norid will inform the parties of this and of the date on which a decision is likely to be available in normal conditions.
2.7 Voluntary mediation
If the parties have stated that they desire this, the ADR Committee will start mediation within 3 working days from the Committee's receipt of the complaint. Mediation is undertaken by one of the Committee's members. Mediation will be conducted in the manner that the ADR Committee finds most practical. If the parties reach an agreement, the mediator informs Norid of this and the complains proceedings will be concluded without a formal decision.
Mediation shall not influence the ADR Committee's hearing of the case if the parties do not reach agreement.
If the parties do not reach agreement through mediation within 10 working days, the ADR Committee will proceed to hear the case and to make a decision. The mediator will not participate in the case hearing.
At any time during the mediation period, each of the parties may inform the ADR Committee that he or she no longer wishes to continue the mediation. The ADR Committee will then proceed to hear the case and to make a decision.
2.8 Stay and conclusion of the complaint proceedings without a decision
Both parties have a duty to inform Norid immediately if a case is filed with the courts in connection with a domain name that forms the subject of a complaint. The complaint case will be stayed in anticipation of a final and legally enforceable decision, and resumed only if no final judgement is given or no court settlement is reached, and only if the complainant requires this. The complaint proceedings will be concluded if no claim for resuming them is submitted within 5 working days after the case is closed by the courts. Both parties have a duty to notify Norid without undue delay when the case is concluded in the courts.
The complaint proceedings will be concluded without a decision if the parties reach agreement and inform Norid of this. If the holder sends notification of a transfer to the complainant, Norid will implement the transfer, and the complaint case will be concluded without further notice.
2.9 The ADR Committee's decision
2.10 Information about the decision and publication
Within 3 working days from the date on which Norid has received a decision from the domain complaints Committee, Norid shall forward the decision to the parties, and at the same time state the date for implementation of the decision.
All decisions will be published in full on Norid's Web pages and in Lovdata's information system Lovdata Online. If so required by one of the parties, information about technical equipment and procedures as well as operational and business matters which should be kept confidential for competitive reasons out of consideration for the party to which the information relates shall be excluded from publication. Requirements for secrecy must be submitted by the parties without being specially requested and in the parties' ordinary submissions. The ADR Committee decides whether, and if so, how parts of the Committee's decision shall be excluded from public access.
A decision by the ADR Committee will be made public, even if it is not implemented because the case has been filed with the courts, the parties reach an amicable settlement, the holder voluntarily transfers the domain name to the complainant, or the time limit for cooperation (cf. 2.11, first paragraph, last sentence) has been exceeded.
If the ADR Committee decides that a domain name is to be deleted or transferred to the complainant, Norid will implement the decision by making the necessary changes in the domain-name database 7 working days from the date on which the decision has been sent to the parties. If the decision is that the domain name is to be transferred, the complainant may choose to have it transferred to a third party (proxy). The complainant must ensure that they or their proxy satisfy all the requirements for domain registrations set by the domain name policy. If the complainant does not cooperate to make the transfer happen, the decision is annulled 15 working days after it has been sent to the parties.
If the complainant's claim is disallowed, the hold on transferring the disputed domain name will be removed within one working day after Norid has been informed of the ADR Committee's decision.
Implementation will be postponed if Norid receives a written confirmation that a legal process has started to contest the ADR Committee's decision within the 7 working days. In this case Norid will still block transfer of the domain name, cf Clause 1.5, but will not make any changes to the registration before Norid receives documentation that the parties have reached a court settlement or that a final and legally enforceable decision has been made. Norid will implement the changes involved in the settlement or the court decision as soon as possible, and within 3 working days after Norid has received documentation of the settlement or court decision.
If the holder sends notification of transfer to the complainant, Norid will always implement the transfer, regardless of whether or not the dispute is being heard by the ADR Committee or by the courts.
2.12 Extension of time limits
In extraordinary circumstances, Norid or the ADR Committee may extend the time limits that are specified in the complaint procedure.
If the ADR Committee decides that a meeting is to be held with attendance in person (cf Clause 2.9 b.) the complainant shall pay an extra charge of from 3 to 6 times the court fee. The amount of the extra charge and the deadline for payment are determined by Norid in consultation with the ADR Committee on the basis of the extra time that it is assumed that the meeting will require.
3. List of time limits
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