.travel Domains Dispute & Policy
Last Update 20 August 2012. The most recent source for .travel domains dispute resolution can be found at: www.travel.travel/index.php/denials-disputes/
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 is not already registered or reserved. 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:
Complaints over denial of eligibility that are handled informally by the Registry alone;
Complaints over denial of eligibility that are handled informally by The Travel Partnership Corporation (TTPC); 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
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 supersede 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.
Upon receipt 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 as soon as possible following 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 email@example.com.
2. Denial of Name Registration and TTPC-Review
When an applicant has been denied registration they have 30 days to apply in writing for an informal 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 applicant will be entitled to apply to register any 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 firstname.lastname@example.org.
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.
Anyone who has questions regarding dispute resolution under the CEDRP or the UDRP can send these questions to email@example.com or call our general telephone number at +41 22 338 8247 or log on to http://arbiter.wipo.int/domains/gtld/travel. The current .travel CEDRP rules may be found here.
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.
The most recent source for this dispute policy can be found at: www.icann.org/en/help/dndr/udrp/policy
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the .travel registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
By applying to register a domain name, or by asking us to maintain or renew a domain 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 domain name will not infringe upon cpr144449003101 or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a "Provider").
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain 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 proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.