- Powered by Yip Tse & Tang, Solicitors & Notaries 葉謝鄧律師行

What Does a Complainant have to Prove?
Practical Advice on Registering and Using a Domain Name

How to Demonstrate the Registrant's Rights to and Legitimate Interests in the Domain Name?

When a registrant receives a Complaint as defined in the relevant rule of the Rules of Procedure, he should refer to Paragraph 5 of the Rules of Procedure in determining how the Registrant's Response should be prepared.

Any of the following circumstances, in particular but without limitation, if found by an Arbitration Panel to be proven based on its evaluation of all evidence presented to it, shall demonstrate the Registrant's rights or legitimate interests to the domain name for purposes of the DRP:

(i) before any notice to the registrant of the dispute, the Registrant's use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services in Hong Kong ; or

(ii) the registrant (as an individual, business, or other organisation) has been commonly known by the domain name, even if the Registrant has acquired no trade mark or service mark rights in Hong Kong; or

(iii) the registrant is making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trade mark or service mark at issue.