Domain name policy for .no

Appendix H: Complaint that the registration or use of the domain name infringes the complainant's rights

1. General provisions

1.1 Registrations that may form the subject of complaints to the domain complaints board

A domain name holder must participate in the complaint procedure if the domain name was registered after 1 October 2003. Complaints about names that were registered before 1 October 2003 will be refused.

1.2 Requirements for the basis of the complaint

The complainant must provide evidence that

1. The complainant holds rights to a name or mark which is identical to or resembles the domain name, and that

2. the holder's registration or use of the domain name was undertaken in bad faith.

   Bad faith is considered to exist if the name is used in a way that unlawfully takes advantage of the complainant's rights or in a manner which is detrimental to the complainant's rights, or the registration is undertaken to impede the complainant from using his or her rights or to offer the complainant or other parties the possibility to take over the name against payment.

   The concept of bad faith shall be interpreted to mean that the holder must have known the complainant's rights, or must have acted with gross negligence.

1.3 The domain complaints board's decision

If the domain complaints board 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 board may decide that the name must be deleted or transferred to the complainant. The domain complaints board may not make a different decision to the one claimed by the complainant.

The domain complaints board 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 domain complaints board.

The domain complaints board may not make a decision in conflict with the regulations in effect for the .no domain.

The domain complaints board may not make a decision about compensatory damages or coverage of costs for the parties.

The domain complaints board's decision may not result in the loss of rights for parties other than the two that are involved in the complaint.

The domain complaints board'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.

1.4 Liability

Norid, Norid's employees, the domain complaints board and members of the domain complaints board 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 domain complaints board's decision entails a compulsory deletion or transfer of the domain name to the complainant, the hold is maintained until the board'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 domain complaints board 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

2.1 Communication

1. The complaint, and the subsequent response from the holder, are to be sent to Norid at the following addresses: klage@norid.no and The Domain Complaints Board, c/o UNINETT Norid AS, NO-7465 Trondheim, Norway. The same applies to any other correspondence to Norid or to the domain complaints board in connection with the complaint. Enclosures or other items that cannot be sent electronically are to be sent only as ordinary post.
2. All communication from Norid to the parties or their representatives shall take place by A (priority) post or fax or e-mail, cf 2.3 b.) and 2.5 b.). If one party wishes to change contact information while the complaint proceedings are in progress, Norid shall be informed about this immediately. Norid will pass on the complaint (cf Clause 2.3) to the holder of the domain name in question in one of the following ways: by sending the complaint by A (priority) mail or fax or e-mail to the holder, to the contact information that has been registered in the Whois database for the domain name in question. If contact information for the holder specified by the complainant (cf 2.3 g) varies from what is registered, the complaint is also sent to the address specified by the complainant.
3. All communication from Norid to one party shall be sent with a copy to the other party.
4. All communication shall be in Norwegian. E-mail shall be sent in pure text if possible.
5. Unless otherwise set out in these rules or specifically decided by Norid or the domain complaints board, all communication shall be regarded as received:
   1. if sent by fax, on the date it was sent
   2. if sent as A (priority) mail, on the second working day after the postmark date
   3. if sent as e-mail, on the date of transmission

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:

1. not exceed 2000 words (not including the declarations that are required in j) below and attachments),
2. state whether the complainant wishes to be contacted directly or via a representative, and specify the e-mail address, telephone number, fax number and postal address to be used,
3. state whether the complainant wishes to participate in voluntary mediation,
4. specify the domain name to which the complaint refers,
5. include the reason for the complaint, enclosing the evidence that the complainant will present for his or her claim, including documentation of the rights that the complainant claims to hold to a name or mark that is identical to or resembles the domain name, as well as documentation that the holder's registration or use has been undertaken in bad faith,
6. specify whether the complainant seeks to have the domain name transferred or deleted,
7. provide the details of the holder's contact information that are known by the complainant,
8. include information about pending and concluded cases in the courts of law which are related to the disputed domain name and which are known to the complainant,
9. provide information about any previous complaints about the same domain name from the same complainant, and in this case provide details of which changes have arisen since the domain complaints board last decided the case,
10. include the following declaration:
    • The complainant declares that he or she accepts the framework that the domain name policy with appendixes provides for the complaint procedure.
    • The information provided in this complaint is, to the best of the complainant's knowledge, complete and correct. The complaint has not been submitted in bad faith, and the claim presented in the complaint is in accordance with the complaint regulations in effect and the applicable laws.
    • The complainant is aware that submitting the complaint entails blocking the disputed domain name for transfer while the complaint proceedings are in progress, and that the complainant is liable if this results in loss to the holder.
11. close with the signature of the complainant or the complainant's representative
12. include a table of contents listing all the enclosures accompanying the complaint.
13. be submitted on Norid's form in accordance with the guidelines.

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 domain complaints board 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:

1. not exceed 2000 words (not including the declaration that is recommended in i) below and attachments),
2. state whether the holder wishes to be contacted directly or via a representative, and specify the e-mail address, telephone number, fax number and postal address to be used;
3. state whether the holder wishes to participate in voluntary mediation
4. close with the signature of the holder or the holder's representative
5. include a table of contents listing all the enclosures accompanying the response.
6. include information about cases pending and concluded in the courts which are related to the domain name to which the complaint applies and which are known to the holder,
7. be submitted on Norid's form in accordance with the guidelines

The response should:

8. include the holder's reason for rejecting the complainant's claim, enclosing the evidence that the holder will present for his or her assertion,
9. include the following declaration:
   The information provided in this response is to the best of the holder's knowledge complete and correct. The domain name has not been registered or used in bad faith.

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 domain complaints board.

2.6 Submission to the domain complaints board

Norid sends the complaint and response to the domain complaints board within 5 working days after a valid response has been received. If no response has been received, the complaint is sent to the domain complaints board 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 domain complaints board. As soon as the case has been sent to the domain complaints board, 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 domain complaints board will start mediation within 3 working days from the board's receipt of the complaint. Mediation is undertaken by one of the board's members. Mediation will be conducted in the manner that the domain complaints board finds most practical.

Mediation shall not influence the domain complaints board'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 domain complaints board will proceed to hear the case and to make a decision. The mediator may take part in the hearing of the case as long as neither of the parties opposes this and the mediator is informed of this immediately after the mediation ends.

At any time during the mediation period, each of the parties may inform the domain complaints board that he or she no longer wishes to continue the mediation. The domain complaints board 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 domain complaints board's decision

1. The domain complaints board shall send its decision to Norid within 15 working days from the date on which mediation between the parties ends.
2. The proceedings of the board are in writing. If the board finds it necessary, it may specify that the parties must appear before the board, through attendance in person or through a telephone conference or videoconference, or in the manner that the board finds appropriate. No meeting involving attendance in person shall be held without the complainant's consent.
3. The board may ask the parties for further written information or documentation. The board may not take into account information or documents that are received beyond the submissions that the parties provide in accordance with the complaint procedure or that the board itself has requested.
4. The decision shall be in writing and shall include the grounds for the decision. It shall specify the date of the decision, as well as the names of the complaints board members who have heard the case.
5. If the domain complaints board finds that the complaint represents misuse of the opportunity to complain, in an attempt to impede the holder from temporary or permanent use of the domain name, this shall be indicated in the 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 board, 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 domain complaints board decides whether, and if so, how parts of the board's decision shall be excluded from public access.

A decision by the domain complaints board 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 or the holder voluntarily transfers the domain name to the complainant.

2.11 Implementation

If the domain complaints board 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 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 domain complaints board's decision.

Implementation will be postponed if Norid receives a court decision during the 7 working days requiring that the decision not be implemented. 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 domain complaints board or by the courts.

2.12 Extension of time limits

In extraordinary circumstances, Norid or the domain complaints board may extend the time limits that are specified in the complaint procedure.

2.13 Fee

1. The fee in effect for submitting a complaint to the domain complaints board is 4 times the court fee ("CF"). Fees are calculated to cover actual costs, and are paid in full to the members of the complaints board.
2. If Norid has not received a receipt for payment from the complainant within 10 working days after Norid has received the complaint, Norid will regard the complaint as withdrawn, cf Clause 2.4.
3. No claim for a refund of the fee may be made.

If the domain complaints board 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 domain complaints board on the basis of the extra time that it is assumed that the meeting will require.

3. List of time limits