Where a Domain Name Allegedly Clause Samples
Where a Domain Name Allegedly. Infringes a Trademark. Provider shall not be required to comply with a Request unless the Requester provides to Provider verifiable evidence of wrongdoing, including:
2.1.1. The domain name that allegedly infringes the trademark;
2.1.2. Evidence of previous use of a Relay function (compliant with the relevant section of accreditation standards regarding Relay) to attempt to contact the Customer regarding the subject matter of the request, if any, and of any responses thereto, if any;
2.1.3. Full name, physical address, email address, and telephone number of the trademark holder, and for legal entities, the country where the trademark holder is incorporated or organized;
2.1.4. Authorized legal contact for trademark holder and his/her name, title, law firm (if outside counsel) physical address, email address and telephone number for contact purposes;
2.1.5. The trademark, the trademark registration number (if applicable), links to the national trademark register where the ▇▇▇▇ is registered (or a representative sample of such registers in the case of an internationally registered ▇▇▇▇), showing that the registration is currently in force (if applicable), and the date of first use or of application and registration of the ▇▇▇▇; and
2.1.6. A good faith statement, either under penalty of perjury or notarized or accompanied by sworn statement, from either the trademark holder or an authorized representative of the trademark holder, that:
2.1.6.1. Provides a reasonable basis for trademark holder’s belief that the use of the trademark in the domain name (i) allegedly infringes the trademark holder’s rights and (ii) is not defensible;
2.1.6.2. States that Requester and the trademark holder will comply with all applicable data protection laws while retaining Customer’s contact details and will use Customer’s contact details only (i) to determine where further action is warranted to resolve the issue, (ii) to attempt to contact Customer regarding the issue, or (iii) in a legal proceeding concerning the issue; and
2.1.6.3. Agrees that the Requester and trademark holder will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) where the Requester or trademark holder is incorporated or organized (or of its home address, if an individual), and (ii) where Provider specifies on its request form, solely for disputes arising from alleged improper disclosures caused by knowingly false statements made by the Requester,...