.AF Domain Dispute Policy Afghanistan FAQ - Is there an established Dispute Resolution Policy?
- Yes. The extensive policy is as follows: The licensee must submit the type of disputes set out below to alternative dispute resolution proceedings and accepts in this regard the competence of an accredited. Dispute Resolution Entity. The licensee accepts that those proceedings must be conducted before one of the accredited. Dispute Resolution Entities listed at the web site of the .af DNS authority. The procedure will be conducted in the language chosen by the licensee during his application. Every dispute will be governed by the dispute resolution policy applicable when the complaint is filed.
* The licensee must submit a dispute to alternative dispute resolution proceedings if a third party (a "Complainant") asserts to the Dispute Resolution Entity, in compliance with the rules of procedure, and proves that:
1. The licensee's domain name is identical or confusingly similar to a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or name of a geographical entity in which the Complainant has rights; and
2. The licensee has no rights or legitimate interests in the domain name; and
3. The licensee's domain name has been registered or is being used in bad faith.
* The evidence of such in bad faith registration or use of a domain name can, inter alia, be demonstrated by the following circumstances:
1. Circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant who is the owner of the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity, or to a competitor of that Complainant, for valuable consideration in excess of the costs directly related to the domain name; or
2. The domain name was registered in order to prevent the owner of a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or a name of a geographical entity from reflecting this name in a corresponding domain name, provided that the licensee has engaged in a pattern of such conduct; or
3. The domain name was registered primarily for the purpose of disrupting the business of a competitor; or
4. The domain name was intentionally used to attract, for commercial gain, Internet users to the licensee's web site or other on-line location, by creating a likelihood of confusion with the Complainant's trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of a geographical entity as to the source, sponsorship, affiliation, or endorsement of the licensee's web site or location or of a product or service on his web site or location.
Source: www.nic.af/
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