Rights in a name or mark

Trade Mark / Service Mark

Generic / Descriptive

Arbitrary

Mark validity in question

Device mark

Registered mark

Unregistered mark

Well-known mark

Trade names

Geographical indicators

Identical or similar

Misspelling ("Typosquatting")

Phonetical similarity

Translation / Transliteration

Overall impression

Prefix + mark

Mark with geographical / generic term

Commercial rights

Cultural rights

Linguistic rights

Religious rights

Personal rights

Other rights

Territorial effect of rights

Timing of rights

Abusive registration?

Timing of acquisition / registration of domain name

Unfair advantage through registration

Unfair detriment through registration

Unfair advantage through use

Unfair detriment through use

Offensive registration?

Contrary to law

Contra bonos mores

Likely to give offense

Found

Not found

Evidence of abusive or offensive registration?

Sell / Rent / Otherwise transfer

Out of pocket costs

Offer - abusive registration not found

Blocking

Disrupt complainants business

Prevent complainant from exercising rights

Attract internet users (Regulation 4b)

Automatic hyperlinking to other sites

Mousetrapping

Pattern of conduct (Regulation 4(1)(c))

Found

Not found

False or incomplete contact details

Relationship between parties (Regulation 4(1)(c))

Rebuttable presumption - prior abusive registrations by registrant (Regulation 4(3))

Advocate hatred based on race, ethnicity, gender or religion

Incitement to cause harm

Evidence of no abusive registration

Before notice

Use / Preparations to use

Known by name / connected with mark

Non-commercial / Fair use

Descriptive use

Fair use deomstrated after notice

Specific considerations

Concurrent use

Use of privacy service

Speculation in domain names

Inactive websites

Automated registration

Advertising revenue arrangements (Pay per click)

Disclaimer

Acquiescence

Cease and desist letter

Unauthorised acquisition of domain name

Tribute / Criticism websites

Knew / Should have known

Cyberflight

PROCEDURE

Parties

Complainant

Locus Standi

Multiple Complainants

Registrant

Multiple Registrants

Holder of domain name

Cyberflight

Domain name

Multiple domain names

Renewal

Transfer during ADR

Filings

Dispute

Deficient dispute

Resubmission

Delay in filing dispute / acquiescence

Response

General

Extension

Late response

Deficient response

Default

Reply

General

Extension

Supplemental filings

Requested by adjudicator

Unsolicited

Language

Consolidation

Providers role

General

Notifications

Informal mediation

Adjudicator Panel

General Powers

Impartiality and Independence / Conflicts

Summary Decision

Decision

Basis of Decision

Applicable law

Evidence

Onus / Standard of proof

Conflicting evidence

"Without prejudice" materials

On-line archives

Party settlement

Reverse Domain Name Hijacking

Found

Not found

Precedent value of adjudicator decisions

Appeal

General

Extension

Late notices

Deficient notices

New evidence

High Court Proceedings Relating to domain name

General

Challenges to ADR Decisions

Concurrent court Proceedings