Dispute Resolution
Policy
General Information
Under the policy, most types of trademark based keyword
disputes must be resolved by agreement, court action,
or arbitration before International Keyword or its
affiliates will transfer the keywords.
Disputes alleged to arise from abusive registrations
of ikeyword names (for example, cyber squatting) should
also be addressed by court action or arbitration.
To invoke the policy, a trademark owner should file
a complaint to the exclusive jurisdiction of the English
courts against the ikeyword name holder (or where
appropriate an in-rem action concerning the ikeyword
name) or to the International Charter.
Dispute Resolution Policy
The policy is between the registrar (or other registration
affiliates) and its customer (the ikeyword holder
or registrant). Thus, the policy uses "we"
and "our" to refer to the registrar and
it uses "you" and "your" to refer
to the keyword holder.
1. Introduction
This policy sets forth the terms and conditions in
relation with a contest between you and any party
other than us (the registrar) over the registration
and use of an International Keyword name registered
by you.
2. Your Commitments
By applying to register an ikeyword, or by asking
us to maintain or renew an ikeyword name registration,
you hereby represent and warrant to us that:
a) the statements that you made in your Registration
Agreement are complete and accurate;
b) to your knowledge, the registration of the keyword
name will not infringe upon or otherwise violate the
rights of any third party;
c) you are not registering the ikeyword name for an
unlawful purpose; and
d) you will not knowingly use the ikeyword name in
violation of any applicable laws or regulations.
It is your responsibility to determine whether your
ikeyword name registration infringes or violates someone
else's rights.
3. Changes of Circumstance
We will cancel, transfer or otherwise make changes
to ikeyword name registrations under the following
circumstances:
a) our receipt of written or appropriate electronic
instructions from you or your authorized agent to
take such action;
b) our receipt of an order from a court or arbitral
tribunal, in each case of competent jurisdiction,
requiring such action, for example the International
Charter;
We may also cancel, transfer or otherwise make changes
to an ikeyword name registration in accordance with
the terms of your Registration Agreement (TOS) or
other legal requirements.
4. Our Involvement in Law Court Proceedings
We do not, and will not, participate in the administration
or conduct of any proceeding before a Law Court. In
addition, we will not be liable as a result of any
decisions rendered by the English Law Courts.
5. Result of Proceedings
It is important to note that iKeyword does not
a) Have the power to transfer an iKeyword to a third
party without the express consent of the registrant
or an Order of the English Law Courts or a ruling
by the International Charter.
b) Offer legal advice to those in dispute over iKeyword
registrations.
c) Make judgments as to whether the registration or
use of an iKeyword infringes the rights of third parties.
The English courts are the proper recourse for those
involved in an iKeyword dispute, and iKeyword will
comply with English Court Orders when a dispute is
settled through the legal process.
If a law court decides that your ikeyword name registration
should be canceled or transferred, we will wait twelve
(12) business days after we are informed by the pursuant
of the decision by the applicable law court before
implementing that decision. We will then implement
the decision unless we have received from you during
that twelve (12) business day period official documentation
(such as a court's decision, file-stamped by the clerk
of the court) that the courts have ruled in your favor.
If we receive such documentation within the twelve
(12) business day period, we will not implement the
original decision.
We will take no action if information provided to
us is
a) Evidence satisfactory to us of a resolution between
the parties; or
b) evidence satisfactory to us that the pursuant's
lawsuit has been dismissed or withdrawn;
6. All Other Disputes
All other disputes between you and any party other
than us regarding your ikeyword name registration
shall be resolved between you and such other party
through any court, arbitration or other proceeding
that may be available.
7. Our Involvement in Disputes
We will not take part in any way in any dispute between
you and any party other than us regarding the registration
and use of your ikeyword name. You shall not name
us as a party or otherwise include us in any such
proceeding. In the event that we are named as a party
in any such undertaking, we reserve the right to raise
any and all defenses deemed suitable, and to take
any other action essential to defend ourselves.
8. Transfers During a Dispute
i. Transfers of an iKeyword Name to a New Holder.
You may not transfer your ikeyword name registration
to another holder
a) during a pending court proceeding brought by a
pursuant or for a period of eighteen (18) business
days after such proceeding is concluded; or
b) during a pending court proceeding or arbitration
commenced regarding your ikeyword name unless the
party to whom the ikeyword name registration is being
transferred agrees, in writing, to be bound by the
decision of the court or arbitrator.
We reserve the right to cancel any transfer of an
ikeyword name registration to another holder that
is made in violation of this subparagraph.
ii. Changing Registrars.
You may not transfer your ikeyword name registration
to another registrar during a pending administrative
proceeding brought by a pursuant or for a period of
eighteen (18) business days after such proceeding
is concluded. You may transfer administration of your
ikeyword name registration to another registrar during
a pending court action or arbitration, provided that
the ikeyword name you have registered with us shall
continue to be subject to the proceedings commenced
against you in accordance with the terms of this Policy.
In the event that you transfer an ikeyword name registration
to us during the pendency of a court action or arbitration,
such dispute shall remain subject to the ikeyword
name dispute policy of the registrar from which the
ikeyword name registration was transferred.
9. Policy Modifications
We retain the right to modify this policy at anytime.
We will post our revised Policy at our site at least
thirty (30) business days before it becomes effective.
Unless this policy has already been called upon by
the submission of a protest to us or our affiliate
registrars, in which event the version of the policy
in effect at the time it was called upon will apply
to you until the dispute is over.
For the most recent version of this policy visit
http://www.ikeyword.com/documents/dispute.html
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