Appendix H: Complaint that the registration or use of the domain name infringes on complainant’s rights or unjustifiably gives the impression of involving public administration or the exercise of public authority.

1. General provisions

1.1 Deadline for complaint to the Alternative Dispute Resolution Committee

The complaint must be received by the secretariat before the complaint deadline, which is 3 years after the registration of the domain. A transfer will be regarded as a deletion followed by a new registration. The date of transfer will be considered the registration date for the domain, including as the basis for determining a complaint deadline.

Complaints received after the complaint deadline has expired will be rejected.

1.2 Fee

The applicable fee for submitting a complaint to the Alternative Dispute Resolution Committee is 4 times the court fee.

The secretariat will refund the fee to a complainant if the Committee decides the case in accordance with the complainant's claim. The subscriber is then obliged to pay the complaint fee. The secretariat will send a payment request to the subscriber after the decision is implemented. If the complainant does not assist in the transfer of the domain according to 2.11, first paragraph, the fee will not be refunded to the complainant.

A refund of the fee cannot otherwise be claimed.

1.3 Requirements for the basis for the complaint

1.3.1 Complaint that the registration or use of the domain name infringes on complainant's rights

The complainant must document that

1. The complainant has rights to a name or mark that is identical to or confusable with the domain name, and
2. that the subscriber's registration or use of the domain name has been carried out in bad faith.

Rights may include both registered and unregistered rights, but the right must apply at the point in time when the complaint is sent to the secretariat. For registered rights, this means that the right must be granted no later than this point in time.

Some examples of documentation of rights are:

• Copy of trademark registration from the Norwegian Industrial Property Office or equivalent certification from other authorities
• Copy of certificate of registration from The Brønnøysund Register Centre
• Copy of identification that shows personal name
• Copy of brochure material, advertisements, stationery and similar, printouts of web pages, images of shop signs

The term bad faith shall be interpreted to mean that the subscriber knew or should have known that the registration or use might infringe on others' rights.

Some examples of elements that may be relevant are:

• that the registration has taken place for the purpose of selling or renting the domain name to the complainant or one of the complainant's competitors for an economic purpose
• that the domain has been registered with a view to preventing the complainant from registering a name for which the complainant has rights, or otherwise making it difficult for the complainant's business, for exampleto prevent the complainant from utilising its rights
• that the domain has been registered to mislead someone into believing that the name is associated with the complainant or the complainant's business
• that the name is used in a way that gains an unfair advantage from the complainant's rights or in a way that is harmful to the complainant's rights
• that the respondent has also made other registrations in bad faith
• that the respondent has acted contrary to the Norwegian Marketing Control Act

1.3.2 Complaint that the registration or use of the domain name unjustifiably gives the impression of involving public administration or the exercise of public authority

The opportunity to complain under this section is reserved for public bodies. The complainant must document that the complainant has rights to a name or mark that is identical to or liable to be confused with the domain name.

If the domain name is confusable with the name of the complainant or the complainant's exercise of authority, or it is liable to mislead the public into believing that it concerns the complainant or the complainant's exercise of authority, the requirement for bad faith will be considered to have been met.

1.4 Blocking of the domain name while the complaint is being considered

From the time when the secretariat forwards a complaint to the subscriber pursuant to 2.4 and until the consideration of the complaint is concluded, the domain name is blocked for deletion, transfer from the subscriber and new registration until the complaint case has been decided or concluded in another manner. The blocking will be maintained until the Alternative Dispute Resolution Committee's decision has been implemented, see 2.11. An exception applies if the subscriber wishes to transfer the name to the complainant.

1.5 Decision of the Alternative Dispute Resolution Committee

If the Alternative Dispute Resolution Committee finds that the complainant has rights to a name or mark that is identical to or confusable with the domain name and that the domain name has been registered or used in bad faith, the Committee may decide that the name is to be deleted or transferred to the complainant or the party designated by the complainant. The Committee may not make any decision other than that requested by the complainant.

The Committee otherwise deals with cases according to its mandate (Appendix M) and rules of procedure (Appendix N), in addition to the rules provided in this appendix.

The decision of the Committee is final and may not be appealed. The decision does not prevent any of the parties from subsequently submitting the dispute to the Norwegian general courts.

1.6 Liability

An individual party in a complaint case itself bears the responsibility for:

1. stating its case to the Alternative Dispute Resolution Committee, and
2. complying with the provisions that apply for the complaint procedure.

Neither Norid, Norid's employees or the secretariat's employees, or the Alternative Dispute Resolution Committee or members of the Committee, may be held liable for what has been done or failed to be done in connection with the consideration of the complaint, unless the act or failure to act is grossly negligent or intentional.

2. Complaint procedure

2.1 Communication

1. The complaint, and subsequent response from the subscriber, is to be sent to the secretariat at the following e-mail address: klage@norid.no. Attachments shall also be sent electronically.
2. The secretariat will forward the complaint by e-mail to the subscriber for the domain name in question.
3. All communication from the secretariat to the parties or their representatives will take place by e-mail. The secretariat uses the following addresses:
   1. For the complainant: the e-mail address specified by the complainant, see Section 2.3.d
   2. For the subscriber: the e-mail address specified in the WHOIS database, and any other e-mail address specified by the complainant
4. Communications from the secretariat will be sent with copies to both parties.
5. All communication to and from the secretariat shall be done in writing and in Norwegian.
6. Unless otherwise indicated in these rules, all communications shall be regarded as received on the date for transmission of e-mail.

2.2 The complaint

The complaint shall:

1. be submitted on Norid's form
2. specify the domain name that is complained of
3. not exceed 2000 words (not including the declarations required in j) below and appendix) and shall include the justification for the complaint (the complainant's rights and bad faith on the part of the respondent, see 1.3.1).
4. state whether the complainant wishes to be contacted directly or through a representative and specify the e-mail address and telephone number to be used,
5. state whether voluntary mediation is desired
6. specify whether the complainant is seeking to have the domain name transferred or deleted,
7. include information regarding pending and concluded cases before the courts connected with the domain name that the complaint refers to and that the complainant is aware of,
8. provide information about any previous complaints about the same domain name from the same complainant, and in such case, specify the changes that have occurred since the Alternative Dispute Resolution Committee last decided the matter,
9. include the following declarations:
   1. The complainant acknowledges acceptance of the frameworks established by the domain name policy for .no and its appendices for the complaint process. The claim that is presented in the complaint is in accordance with the applicable complaint rules and applicable law.
   2. The information provided in this complaint is complete and correct according to the complainant's knowledge.
   3. The complainant is aware that presenting the complaint means that the complained-of domain name will be blocked from being transferred and newly registered while the complaint proceeding is under way, and that the complainant may be liable if this causes a loss to the subscriber.
10. include a table of contents for all the appendices that accompany the complaint.

The complaint should:

11. include the evidence the complainant wishes to present, including documentation for the rights the complainant claims to have to a name or mark that is identical to or resembles the domain name, as well as documentation that the subscriber's registration or use has been carried out in bad faith.
12. state the contact information for the subscriber that is known to the complainant.

The Committee may disregard arguments and justifications in attachments instead of the complaint form itself.

2.3 Commencement of the complaint proceedings

The secretariat sends a fee invoice when the complaint is received. The proceedings will not start until the fee has been paid and the secretariat has received a receipt. If the fee has not been paid when due, the complaint may be regarded as withdrawn. This will not prevent the complainant from presenting a new complaint prior to the complaint deadline.

When the complaint fee has been paid and the secretariat has received a receipt, the secretariat checks whether the formal requirements for a complaint have been met. If the secretariat finds that the complaint is in accordance with applicable complaint rules, the complaint will be forwarded to the subscriber within 5 working days.

If the secretariat finds that the complaint is not in accordance with applicable complaint rules, the complainant will be immediately informed about the deficiencies in form. The complainant will be given a deadline of 5 working days to correct the errors. Only one opportunity will be provided to correct the complaint. If the complainant does not submit a correct complaint by the deadline, the complaint will be rejected. This will not prevent the complainant from presenting a new complaint.

2.4 Response from the subscriber

Subscribers must submit their response to the complaint to the secretariat within 20 working days after the date the subscriber is considered to have received the complaint.

The response shall:

1. be submitted on Norid's form according to instructions
2. not exceed 2000 words (not including the declarations recommended in i) below and appendices) and must include the justification for rejecting the complainant's claim
3. state whether the subscriber wishes to be contacted directly or through a representative and specify the e-mail address and telephone number to be used
4. state whether voluntary mediation is desired
5. include information regarding pending and/or concluded cases before the courts that are connected with the domain name that the complaint refers to and that the subscriber is aware of
6. include a table of contents for all the appendices that accompany the response.

The response should:

7. include the evidence the subscriber wishes to present, including documentation for the rights the subscriber claims to have to a name or mark that is identical to or resembles the domain name, as well as documentation that the subscriber's registration or use has not been carried out in bad faith. Rights may include both registered and unregistered rights, but the right must apply at the point in time when the response is sent to the secretariat. For registered rights, this means that the right must be granted no later than this point in time, see 1.3.1.
8. include the following declaration:
   
   

The information provided in this response is complete and correct according to the respondent's knowledge. The domain name has not been registered or used in bad faith.

The Committee may disregard arguments and justifications in attachments instead of the complaint form itself.

If the secretariat finds that the response is not in accordance with applicable complaint rules, the subscriber will be immediately informed about the deficiencies in form. The subscriber will be given a deadline of 5 working days to correct the errors. Only one opportunity will be provided to correct the response. If the subscriber does not submit a correct response by the deadline, the response will be regarded as not received, and the parties will be informed that the complaint is being forwarded to the Alternative Dispute Resolution Committee.

The Committee may attach importance to the lack of a response as an independent argument when considering the matter.

2.5 Forwarding to the Alternative Dispute Resolution Committee

The secretariat will forward the complaint and response to the Alternative Dispute Resolution Committee within 5 working days after a valid response is received. If a response is not received before the deadline, the complaint will be forwarded to the Committee within 5 working days after the subscriber's response deadline has expired. A copy of any valid response will be sent to the complainant at the same time the case is forwarded to the Committee.

Immediately upon forwarding the case to the Committee, the secretariat will inform the parties of this and about the date a decision will normally be available. The Committee's deadline for deciding a case is 15 working days, provided that 2.7 or 2.8 does not occur.

2.6 Voluntary mediation

If both parties have indicated a desire for it, the Alternative Dispute Resolution Committee will start mediation within 5 working days from the Committee's receipt of the complaint. Each of the parties may request a halt at any time during the mediation. If one of the parties requests a halt in the mediation, or the parties do not come to an agreement through mediation within 10 working days, the Committee will take the matter up for consideration and a determination.

2.7 Obtaining additional information from the parties

In particular cases, the Alternative Dispute Resolution Committee may ask the parties for additional written information or documentation. The request will be communicated through the secretariat. In such instances, the following applies:

1. The submission shall be limited to responses to the Committee's specific questions.
2. The secretariat will convey the response to the other party, which will have an opportunity to provide a comment on this.
3. None of the submissions may exceed 1000 words.
4. Each of the parties will have a response deadline of 5 working days.
5. The secretariat's deadline for conveying responses between the parties is 5 working days.
6. The secretariat will send responses and any comments to the Committee within 5 working days.

2.8 Staying and concluding the complaint proceeding without a decision

Both parties are obliged to inform the secretariat immediately if a case concerning a domain name that is the subject of a complaint is brought before the courts. The complaint case will be stayed in anticipation of a legally enforceable decision and will resume only if a legally enforceable judgment is not issued or a court settlement is not entered into, and only if the complainant requests it. The complaint proceeding will be discontinued if a request to begin is not presented within 5 working days after a case before the courts has been concluded. Both parties are obliged to inform the secretariat without unreasonable delay when a case before the courts has been concluded.

The complaint proceeding will be discontinued without a decision if the parties come to an agreement and both parties inform the secretariat of this in writing. This also applies if the parties come to an agreement through voluntary mediation and the mediator informs Norid of this.

The complainant can withdraw the complaint right up until the Alternative Dispute Resolution Committee has reached its final decision. The complaint fee will not be refunded even if the complaint is withdrawn. After the decision has been reached, the complaint may no longer be withdrawn.

2.9 Information for the parties about the decision

Within 5 working days from the secretariat receiving a decision from the Alternative Dispute Resolution Committee, the decision will be forwarded to the parties. The date for implementing the decision will be provided at the same time.

2.10 Implementation

If the Alternative Dispute Resolution 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. The changes will be implemented after 7 working days have passed, calculated from the date the decision is sent to the parties. If the Committee decides that the name is to be transferred, the complainant may choose to have the name transferred to a subscriber other than the complainant. Complainants shall ensure that they or the party they have designated for transfer of the name satisfies all requirements imposed by the domain name policy for new registrations. If the complainant does not assist in completion of the transfer within 15 working days from when the decision is sent to the parties, the decision lapses.

The implementation will be postponed if, during the course of the 7 working days, Norid receives written confirmation that legal steps have been taken against the decision of the Alternative Dispute Resolution Committee. In that case, Norid will continue to block transfer and re-registration of the domain name, see 1.4, but it will make no changes in the registration until Norid receives documentation that the parties have entered into a court settlement or there is a legally enforceable decision. Norid will in that case implement the changes involved in the settlement or the judicial decision.

If the Committee rejects the complaint or the complainant does not prevail, the block will be lifted from the complained-of domain name without further notice.

2.11 Publication

All decisions will be published in their entirety on Norid's website and in Lovdata's subscription database Lovdata Online. If it is requested by a party, information may be excluded that involves technical devices and methods, as well as information regarding operational and business-related circumstances which, for competitive reasons, will be important to keep secret out of regard for the entity the information concerns. Requests for secrecy must be presented by the parties without any special request and in the parties' regular submissions, i.e. in the complaint or the response, respectively. The Alternative Dispute Resolution Committee decides whether, and in such event how, parts of the Committee's decision will be excluded from publication.

A decision by the Committee will be published even if it is not implemented on the grounds that (1) a case is brought before the courts, or (2) the parties enter into a settlement, or (3) the subscriber voluntarily transfers the domain name to the complainant, or (4) the deadline for assisting (see 2.11, first paragraph, last sentence) is exceeded.