Denial
Review and Dispute Resolution
General
There are no priorities
or privileges in name registration in the
.travel TLD. All eligible
registrants are entitled to registration
of any name they select and to which they
have a ”basis” for eligibility
under .travel policies.
The first registration in time is the only
source of priority, subject to the application
of the formal dispute resolution policies
under the Registry Agreement with ICANN.
The parties to a dispute
under CEDRP and UDRP pay their own costs.
Costs of these procedures are determined
by World Intellectual Property Organization
(WIPO) and not by the .travel
TLD, the Registry or the Registry. Disputes
handled by the Registry or by TTPC are conducted
at no cost to the applicant since these
disputes are only in cases of denial of
eligibility.
Categories of Disputes
There are four types and
categories of disputes each with an appropriate
dispute policy:
1. Complaints over denial
of eligibility that are handled informally
by the Registry alone;
2. Complaints over denial
of eligibility that are handled formally
by The Travel Partnership Corporation (TTPC);
3. Disputes by any party
that a registrant is not eligible for a
.travel domain name that
are handled under the ICANN Charter Eligibility
Dispute Resolution Policy (CEDRP); and
4. Disputes by any party
that a registrant is has registered a name
that is identical or confusingly similar
to a trademark or service mark in which
the claimant has rights, and that the registrant
has no rights or legitimate interests in
the domain name, and that the domain name
has been registered and is being used in
bad faith, that are handled under ICANN’s
Uniform Dispute Resolution Policy (UDRP).
1 Denial of Eligibility
and Informal Resolution
It is the role of the Registry
to assist its community to avoid disputes
that can become costly and time-consuming.
The .travel Registry anticipates
that disputes over name eligibility and
selection will be minimal within the travel
community, therefore it has put in place
an informal procedure to assist the travel
community in dealing with denials of eligibility
in a way that supports community needs and
values. The .travel informal
denial procedures will not supercede any
formal dispute procedures.
When authentication is
denied, all applicants will be informed
that they have 30 days to request the staff
of the Registry to review their application
and the reasons for denial. Such request
must be made in writing and will carry no
cost.
Within 48 hours of such a request for review
the Registry will inform the applicant of
any documents or supporting material that
may be useful in carrying out the review.
The applicant is under no obligation to
provide additional material but in the event
that they refuse such material their review
will terminate. In the event that the informal
staff review continues it will be completed
within 5 business days of the date on which
all material has been provided.
If the staff decision is
to continue to deny eligibility there are
no further review procedures available.
A denial of eligibility will be recorded
against the applicant’s name and they
will not be entitled to register a domain
name until their circumstances have changed
such that their eligibility is confirmed
in the usual manner. Please contact upside down text
2 Denial of Name
Registration and TTPC- Review
When an applicant has been
denied registration they have 30 days to
apply in writing for formal review by a
panel of TTPC reviewers. The TTPC review
will:
Be held by a panel of 3 members who are
selected by TTPC alone.
Review all application
documentation including any material reviewed
by staff in an informal review but in no
case will the panel be limited to such material
and they may require further material. In
the event that the applicant refuses any
material required by the panel the review
will end and the name will be denied.
Be completed within 30
days following the date of formal request.
A decision by the panel
that the applicant is eligible and authorized
will be conveyed to the Registry and the
appropriate registrar and the name will
be listed in the applicant’s Name
List and will be eligible to apply to register
the name.
Registration is not guaranteed
and continues to be based on the first-come,
first-served policy.
A decision by the panel
that the applicant is not eligible to register
the .travel domain name(s)
is final.
In the event that an applicant’s
circumstances have changed and it considers
itself to be eligible it may request a review
of name eligibility prior to making a future
application for name registration.
Please submit your denial
review appeals to [email protected]
3 Disputes under
CEDRP
In cases where any party
disputes the eligibility of a registrant
to register a .travel name
the .travel Registry will
not be a party to the dispute or assist
in its resolution. Such disputes are expressly
covered by ICANN CEDRP and handled by WIPO.
For .travel CEDRP process
please log on to http://arbiter.wipo.int/domains/gtld/travel
4 Disputes under
UDRP
When a registrant registers
a domain name that is identical or confusingly
similar to a trademark or service mark in
which the someone has rights, and the registrant
has no right or legitimate interests in
the domain name, and the domain name has
been registered and is being used in bad
faith, mandatory administrative proceedings
can be initiated by a trademark holder by
filing a complaint with an approved dispute
resolution service provider.
The role of .travel
Registry in this situation is only to provide
information on the steps to be taken for
dispute resolution, provide all information
on the dispute that is available and terminate
any further direct involvement and contact
with the parties in dispute, other than
to facilitate any subsequent decision made
by a UDRP proceeding.
Administrative proceedings
for the resolution of disputes under the
UDRP will be governed by WIPO procedures
and also by any of it's supplemental rules, as posted
on its website.
For .travel UDRP process
please log on to http://arbiter.wipo.int/domains/gtld/travel
Action by .travel
Registry following CEDRP/UDRP Decisions
.travel
Registry will make any changes, transfers
or adjustments as have either been agreed
to by both parties or ruled upon by formal
dispute resolution bodies.
Direction to take such action
must be provided to .travel
Registry in writing from officers of both
organizations in dispute or by the presiding
officer of the formal body that has made
a binding decision in the dispute.
.travel
Registry reserves the right to assess additional
fees against the parties in the dispute
to cover the cost of lengthy or time-consuming
involvement in the dispute. |