.NOWRUZ POLICIES

As of January 12, 2018.

This document summarizes the policies, procedures and rules applicable to the .nowruz registry and the ongoing policies applicable to registrations and renewals of domain names ending with .nowruz.

Sunrise Period

The Registry Operator is committed to ensuring that all Trademark Rights Holders have adequate protections for their intellectual property assets. As such, the Registry will implement, 30 Day “Start-Date” Sunrise, as defined by ICANN: (http://newgtlds.icann.org/en/about/trademarkclearinghouse/rpmrequirements30sep13en.pdf).

This Sunrise Policy (“Policy”) defines the registration policies and eligibility requirements for registrations Sunrise Period.

These provisions describe the processes, procedures, and rules for all sunrises for the Registry’s top-level domains (TLDs). The Registry Operator shall offer a Sunrise Period as a rights protection mechanism for qualifying trademark holders with a corresponding Signed Mark Data (“SMD”) file generated by TMCH, before registration is made available to the general public.

Sunrise Eligibility

In order to participate in the Sunrise Period, the Applicant must:

 

In addition, for a Sunrise application to be qualified as eligible, the Applicant must submit the corresponding SMD file through a Registrar and the requested domain names must meet the “identical match” criteria described by ICANN and TMCH. The submitted SMD files shall be validated with TMCH by the Registrar.

Applications missing a valid SMD File, containing an invalid SMD file or where the application misses any other requirements set out in Section 6 shall be rejected by the Registrar. Applicants whose applications have been rejected shall be informed by the Registrar within reasonable time.

Successful applications shall be processed in chronological order of receipt and allocated on a “first come, first served” basis.

The Sunrise Period shall be in effect from the date so described in the Launch Schedule. Once commenced, the Registry Operator may extend the duration of the Sunrise Period through its website or via any other means it deems appropriate.

Sunrise Registration Periods

Registrations may be purchased in yearly increments of no less than 1 (one) year and no more than 10 (ten) years, commencing on the date that the domain name is registered. Unless otherwise terminated, such registration will expire on the same day of the month the registration was created, unless it was created on February 29, in which case it will expire on March 1.

Unless otherwise stated in this Policy, the Registry Operator, via the Registry Service Provider, will allocate a Domain Name if:

Domain names registered during the Sunrise Period will be locked until the beginning of the General Availability Phase.

Sunrise Resolution Process

If two or more Sunrise Applicants are received during the .nowruz sunrise period and qualify for the same second-level domain name, the Registry will hold an ascending bid auction facilitated by a reputable third party domain auction provider.  Auction dates and rules will be provided to the Applicants within a reasonable time period with the winner of the auction resolving the contention.

 Registry Operator Rights

The Registry Operator reserves the right to identify domain names available during any launch phase, which shall be available through EPP or any other registration or distribution mechanism, as Premium Domain Names. Any such Premium Domain Names may not be available for allocation or registration during the Sunrise period.

Domains not available in the Sunrise Registration Period shall be subject to a 90-day Claims Period as set forth in the Trademark Clearinghouse Requirements, as posted at http://www.icann.org/en/resources/registries/tmch-requirements, which may be revised by ICANN from time to time.

The Registry shall be entitled but not obligated to reject a Sunrise Application or to delete, revoke, cancel, suspend or transfer a Sunrise Registration:

Sunrise Dispute Resolution Policy

Purpose

This Sunrise Dispute Resolution Policy (SDRP) describes the process and standards that will be applied to resolve challenges alleging that a domain name has been registered, registration has been declined or is in violation of the SDRP.  This SDRP will not be applied to Registry-reserved names in the TLD.

Frivolous Complaints

A complainant, complainant’s counsel, or complainant’s counsel’s firm, that is found to be responsible for filing three or more SDRP complaints (in any TLD, .nowruz  or otherwise) deemed to be frivolous may be barred from further use of this policy at the Registry’s discretion. A frivolous complaint comes from a complainant that has habitually lodged vexatious complaints, persistently and without grounds. In denying use of this policy, the Registry or the Dispute Resolution Providers may consider the number of complaints lodged under this Policy or any similar third-party registry policies and paths of dispute resolution, which were resolved in favor of a respondent, or otherwise consider a pattern of abusing such policies.

Applicable Disputes

A registered domain name in the TLD will be subject to an administrative proceeding upon submission of a complaint that the Sunrise Registration was improper under one or more of the following criteria.

a.       Improper Sunrise Registration Application

A complaint under this section shall be required to show by reasonable evidence that a registered domain name in the TLD does not comply with the provisions of the Registry’s Sunrise Program[1].  The complaint must prove one or more of the following elements:

  1. At time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty
  2. The domain name is not identical to the mark on which the registrant based its Sunrise registration[2]; or

b.      SDRP Effective Dates.

Any SDRP claim brought under this Policy for domain names registered in the .nowruz TLD shall be brought before 60 days after the close of the sunrise period.

Evidence and Defenses

a.       Evidence

Panelists will review the Registry’s Sunrise Criteria, allocation requirements, or community-based eligibility requirements which are required to be submitted with the Complaint, as applicable, in making its decision.

b.      Defenses

Harmless error. A Respondent may produce evidence to show that, although the sunrise registration was granted based on submission of the wrong documents, or documents containing an error, the true and correct evidence existed at the time the sunrise registration was applied for and, thus, the registration would have been granted.

 Remedies

The remedies available to a complainant for a proceeding under this SDRP shall be limited to:

a.       Improper Sunrise Registration

If the Panelist finds that the domain name was improperly registered during the Sunrise period, the sole remedy for a Complaint filed under SDRP 2(a) shall be cancellation of the registration and return of the cancelled domain name to the pool of available names available for registration in the TLD. If the Complainant independently qualifies to register the domain name, either as a regular or defensive/blocking registrant, such application may be made to the Registry, or registrar, as applicable.

In the event an SDRP dispute is brought by an auction bidder for the same domain name, the auction will be suspended until the dispute is resolved.

Procedure

a.       Dispute Resolution Provider / Selection of Procedure

A Complaint under this SDRP shall be submitted to the National Arbitration Forum (“Forum”) by submitting the complaint directly to the Forum. The Forum will administer the proceeding and select a qualified and eligible Panelist (“Panelist”). The Forum has established Rules for National Arbitration Forum’s Sunrise Dispute Resolution Policy (“Rules”), setting forth a fee schedule and other technical and process requirements for handling a dispute under this SDRP. The proceedings under this SDRP will be conducted according to this SDRP and the applicable Rules of the Forum.

b.      Registry’s or Registrar’s Involvement

Neither the Registry nor registrar will participate in the administration or conduct of any proceeding before a Panelist. In any event, neither the Registry nor the registrar is or will be liable as a result of any decisions rendered by the Panelist. Any sunrise-registered domain names in the TLD involved in a SDRP proceeding will be locked against transfer to another domain name holder or another registrar during the course of a proceeding[3]. The contact details of the holder of a registered domain name in the TLD, against which a complaint has been filed, will be as shown in the registrar’s publicly available Whois database record for the relevant registrant. The Registry and the applicable registrar will comply with any Panelist decision and make all appropriate changes to the status of the domain name registration(s) in their Whois databases.

c.       Parties

The registrant of a registered domain name in the TLD shall be promptly notified by the Forum of the commencement of a dispute under this SDRP, and may contest the allegations of the complaint or show other cause why the remedy requested in the complaint should not be granted in accordance with this SDRP. In all cases, the burden of proof shall be on the complainant, and default or other failure of the holder of the registered domain name shall not constitute an admission to any allegation of the complaint. The Forum shall promptly notify all named parties in the dispute, as well as the registrar and the Registry of any decision made by a Panelist.

d.      Decisions

(i) The Panelist may state the basis on which the decision is issued in summary format and may include such commentary or guidance as the Panelist deems appropriate;

(ii) The decision shall state whether a registered domain name in the TLD is to be cancelled or the status quo maintained; and

(iii) Decisions made under this SDRP will be publicly published by the Forum on its website.

e.       Implementation of a Lock and the Decision

If a Panelist’s decision requires a change to the status of a registered domain name, the Registrar[4] will wait ten (10) business days after communication of the decision before implementing that decision, unless the registrant submits to the Registry (with a copy to the Forum) during that ten (10) day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the registrant has commenced a lawsuit to preserve its claimed rights in a court of competent jurisdiction over the parties and the registered domain name. If such documentation is received no further action shall be taken until the Registry receives:

f.        Representations and Warranties

Parties to a dispute under this SDRP shall warrant that all factual allegations made in the course thereof are true and correct to the best of their knowledge, shall remain subject to all representations and warranties made in the course of registration of a disputed domain name.

Maintaining the Status Quo

During a proceeding under the SDRP, the registered domain name shall be locked against transfers between registrants and/or registrars and against deletion by registrants.

Indemnification / Hold Harmless

The parties shall hold the registrar, the Registry, the Forum, and the Panelist harmless from any claim arising from operation of the SDRP. Neither party may name the registrar, the Registry, the Forum, or the Panelist as a party or otherwise include the registrar, the Registry, the Forum, or the Panelist in any judicial proceeding relating to the dispute or the administration of the SDRP policy. The parties shall indemnify, defend and hold harmless the registrar, the Registry, the Forum, the Panelist and their respective employees, contractors, agents and service providers from any claim arising from the conduct or result of a proceeding under this SDRP. Neither the registrar, the Registry, Forum, the Panelist and their respective employees, contractors, agents and service providers shall be liable to a party for any act or omission in connection with any administrative proceeding under this SDRP or the corresponding Rules. The complainant shall be directly and solely liable to the registrant in the event the complaint is granted in circumstances where the registrant is lawfully entitled to registration and use of the registered domain name(s) in the TLD.

Relation to Other Dispute Resolution Policies

This SDRP is in addition to and complementary with the Uniform Domain Name Dispute Resolution Policy (“UDRP”), the Uniform Rapid Suspension System (“URS”) and any charter, nexus, or eligibility dispute policies adopted by ICANN or the Registry.

Effect of Other Proceedings

The administrative proceeding under the SDRP shall not prevent either party from submitting a dispute concerning the registered domain name in the TLD to concurrent administrative proceedings or to a court of competent jurisdiction for independent resolution during a pending SDRP administrative proceeding or after such proceeding is concluded. Upon notice of such other proceeding, the SDRP proceeding may be terminated (in the sole discretion of the Panelist) in deference to the outcome of such other proceeding.

SDRP Modifications

The Registry reserves the right to modify this SDRP at any time subject to the terms of its MoU with the Forum. Such revised SDRP shall be posted on the Forum Website at least thirty (30) calendar days before it becomes effective;[5] unless this SDRP has already been invoked by the submission of a complaint, in which event the version of the SDRP in effect at the time it was invoked will apply until the dispute is concluded. In the event that registrant objects to a change in this SDRP, the sole remedy is to cancel the registration, provided that registrant will not be entitled to a refund of any fees paid in connection with such registration.

[1] Applicant Guidebook 4 June 2012, Module 5, Page 8, Article 6.2.4.  A dispute under this section also addresses the TLD Criteria from ICANN’s Trademark Clearinghouse Rights Protection Mechanism Applicant Guidebook 4 June 2012, Module 5, Page 8, Article 6.2.4.  A dispute under this section also addresses the TLD Criteria from ICANN’s Trademark Clearinghouse Rights Protection Mechanism Requirements [published 30 September 2013], Article 2.3.6 and Article 2.3.1.4.  The Forum’s SDRP does not interact with (nor instruct) the Trademark Clearinghouse and is limited to adjudicating disputes over the Registry’s registration and allocation of domain names during the sunrise period.

[2] For the purposes of analysis of this element, neither the gTLD itself, nor the “dot,” shall be considered.

[3] A Registry may, through its agreement with registrars, instead require the registrar to perform the lock and/or implementation steps.

[4] A Registry may, through its agreement with registrars, instead require the registrar to perform the lock and implementation steps.

[5] The Forum may correct typographical errors without notice.