17. Complaints
17.1 Complaint type A: For domain names registered after 1 October 2003, the holder of rights to names may complain on the basis that the registration or use of the domain name entails an infringement of their rights. Public-sector bodies may complain that the registration creates an unwarranted impression that it is associated with public-sector administration or the exercise of public powers. The respondent in complaints of this type is the holder of the domain name in connection with which the complaint is made. The time limit for complaints is 3 years from the registration of the domain name. See Appendix H for details and for the complaint procedure.
17.2 Complaint type B: A domain name applicant or holder may file a complaint against decisions made by Norid in relation to the domain name policy. No complaint may be filed against decisions made by Norid as the secretariat in complaint cases. The only permissible grounds for complaint are that the decision is in conflict with the domain name policy for .no. The respondent in complaints of this type is Norid. The time limit for complaints is 30 calendar days from the date on which notification of the decision was received by the applicant or domain name holder. The decision is regarded as received by the applicant/domain name holder at the latest 14 days after the decision has been sent from Norid to the registrar. See Appendix I for details and for the complaint procedure. Norid can reverse or change the decision on its own initiative if the complaint is found to be justified.
17.3 Complaint type C: For domain names registered after 1 October 2003, Norid may complain that a domain name has been registered in conflict with the declaration form. The Norwegian Post and Telecommunications Authority may complain that a domain name has been registered in conflict with the applicable administrative regulations [forskrift]. The respondent in complaints of this type is the holder of the domain name in connection with which the complaint is made. The time limit for complaints is 3 years from the registration of the domain name. See Appendix J for details and for the complaint procedure.
17.4 For all complaints, the time limit for submitting complaints is cancelled when Norid receives a valid complaint in accordance with the complaint procedures in effect. If a further one or more valid complaints relating to the same registration are received while the dispute resolution process is taking place, resolution of the complaint that has been received first is completed before the next case is initiated. In the event of several complaints, the cases are initiated in the sequence in which they are received by the secretariat. A new case is initiated only if the respondent is still the same as when the complaint was filed. Norid acts as the secretariat, receiving complaints and forwarding replies between the parties. The complaints are heard and resolved by the independent Alternative Dispute Resolution (ADR) Committee. Norid is obliged to implement the decisions of the ADR Committee.
17.5 The ADR Committee may refuse a case if it finds that the case is so complex or doubtful, or if such inadequate information is provided about the case that it is not suitable for consideration and decision by the ADR Committee. The committee may also refuse the case if the prerequisites for consideration of the complaint do not exist.
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
the complainant holds rights to a name or mark which is identical to or resembles the domain name, and that
the holder's registration or use of the domain name was undertaken in bad faith.
Bad faith shall be interpreted to mean that the holder knew or should have known that the registration or use of the domain name could infringe on someone else's rights.
Some examples of relevant factors:
the registration was made for the purpose of selling or leasing the domain name to the complainant, or to one of the complainant's competitors for monetary gain
the domain was registered to prevent the complainant from registering a name the complainant has rights to, or to hinder the complainant in other ways, e.g. preventing the complainant from utilizing their rights
the domain was registered to mislead others into assuming that the name is connected to the complainant or the complainant's business
the domain is used to unlawfully profit from the complainant's rights, or in a way that is detrimental to the complainant's rights
the holder has also made other registrations in bad faith
the holder has acted in breach of the Marketing Practices Act (Markedsføringsloven)
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.
1.4 Liability 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
2.1
cpr144449003101 Communication
The complaint, and the subsequent response from the holder, are to be sent to Norid at the following addresses:
[email protected] and Domeneklagenemnda, c/o UNINETT Norid AS, NO-7465 Trondheim, Norway. The same applies to any other correspondence to Norid or to the ADR Committee in connection with the complaint. Enclosures or other items that cannot be sent electronically are to be sent only as ordinary post.
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.
All communication from Norid to one party shall be sent with a copy to the other party.
All communication shall be in Norwegian. E-mail shall be sent in pure text if possible.
Unless otherwise set out in these rules or specifically decided by Norid or the ADR Committee, all communication shall be regarded as received:
if sent by fax, on the date it was sent
if sent as A (priority) mail, on the second working day after the postmark date
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:
not exceed 2000 words (not including the declarations that are required in j) below and attachments),
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,
state whether the complainant wishes to participate in voluntary mediation,
specify the domain name to which the complaint refers,
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,
specify whether the complainant seeks to have the domain name transferred or deleted,
provide the details of the holder's contact information that are known by the complainant,
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,
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 ADR Committee last decided the case,
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.
close with the signature of the complainant or the complainant's representative
include a table of contents listing all the enclosures accompanying the complaint.
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 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:
not exceed 2000 words (not including the declaration that is recommended in i) below and attachments),
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;
state whether the holder wishes to participate in voluntary mediation
close with the signature of the holder or the holder's representative
include a table of contents listing all the enclosures accompanying the response.
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,
be submitted on Norid's form in accordance with the guidelines
The response should:
include the holder's reason for rejecting the complainant's claim, enclosing the evidence that the holder will present for his or her assertion,
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 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
The ADR Committee shall send its decision to Norid within 15 working days from the date on which mediation between the parties ends.
The proceedings of the Committee are in writing. If the Committee finds it necessary, it may specify that the parties must appear before the Committee, through attendance in person or through a telephone conference or videoconference, or in the manner that the Committee finds appropriate. No meeting involving attendance in person shall be held without the complainant's consent.
The Committee may ask the parties for further written information or documentation. The Committee 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 Committee itself has requested.
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 Committee members who have heard the case.
If the ADR Committee 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 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.
2.11 Implementation
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.
2.13 Fee
The fee in effect for submitting a complaint to the ADR Committee is 4 times the court fee ("CF"). Fees are calculated to cover actual costs, and are paid in full to the members of the committee.
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.
Norid will refund the fee to the complainant if the ADR Committee rules in favour of the complainant's demands. The domain holder is then obliged to pay the fee to Norid. Norid will invoice the domain holder at the same time as when the notification of implementation is sent.
In a new dispute case between the same complainant and the same domain holder regarding the same domain name, when the new dispute is initiated after the complainant exceeded the time limit for cooperation in clause 2.11, first paragraph, last sentence, c) does not apply.
No claim for a refund of the fee may be made.
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.
