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KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION REGIONAL RESOLUTION GLOBAL SOLUTION (NOTE: In preparation for filing of forms, Parties are advised to refer to the MYNIC’s (.my) Domain Name Dispute Resolution Policy (MYDRP), the Rules of the MYDRP and the Supplemental Rules of the Kuala Lumpur Regional Centre for Arbitration.) COMPLAINT TRANSMITTAL COVERSHEET Attached is a Complaint that has been filed against you with the Regional Centre for Arbitration Kuala Lumpur (the Centre) pursuant to the MYNIC’s (.my) Domain Name Dispute Resolution Policy (the Policy), the Rules of the MYNIC’s (.my) Domain Name Dispute Resolution Policy (the Rules) and the Supplemental Rules of the Centre (the Supplemental Rules) (collectively referred to as the “Policy and Rules”). The Policy and Rules are incorporated by reference into your Registration Agreement with MYNIC Berhad (735031-H) (hereinafter referred to as “MYNIC”), in accordance with which you are required to submit to and participate in a Proceeding in the event that a third party (a Complainant) submits a Complaint to the Centre, concerning a domain name that you have registered. You will find the name and contact details of the Complainant, as well as the domain name(s) that is/are the subject of the Complaint in the document that accompanies this Coversheet. You have no duty to act at this time. Once the Centre has checked the Complaint to determine that it satisfies the 1

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Page 1: FORM A - admin.aiac.world€¦  · Web viewThe Complainant agrees that its claims and remedies concerning the registration or use of the domain name, the domain name dispute or its

KUALA LUMPUR REGIONAL CENTREFOR ARBITRATION

REGIONAL RESOLUTION GLOBAL SOLUTION

(NOTE: In preparation for filing of forms, Parties are advised to refer to the MYNIC’s (.my) Domain Name Dispute Resolution Policy (MYDRP), the Rules of the MYDRP and the Supplemental Rules of the Kuala Lumpur Regional Centre for Arbitration.)

COMPLAINT TRANSMITTAL COVERSHEET

Attached is a Complaint that has been filed against you with the Regional Centre for Arbitration Kuala Lumpur (the Centre) pursuant to the MYNIC’s (.my) Domain Name Dispute Resolution Policy (the Policy), the Rules of the MYNIC’s (.my) Domain Name Dispute Resolution Policy (the Rules) and the Supplemental Rules of the Centre (the Supplemental Rules) (collectively referred to as the “Policy and Rules”).

The Policy and Rules are incorporated by reference into your Registration Agreement with MYNIC Berhad (735031-H) (hereinafter referred to as “MYNIC”), in accordance with which you are required to submit to and participate in a Proceeding in the event that a third party (a Complainant) submits a Complaint to the Centre, concerning a domain name that you have registered. You will find the name and contact details of the Complainant, as well as the domain name(s) that is/are the subject of the Complaint in the document that accompanies this Coversheet.

You have no duty to act at this time. Once the Centre has checked the Complaint to determine that it satisfies the formal requirements of the Policy and Rules, and the Centre have received the necessary payment from the Complainant, the Centre will forward an official copy of the Complaint to you. You will then have 15 Working days within which to submit a Response to the Complaint in accordance with the Policy and Rules to the Centre and the Complainant. Should you so desire, you may wish to seek the assistance of legal counsel to represent you in the Proceeding.

Please provide your contact address (mailing address, e-mail address, telephone number and fax number) to enable the Centre to transmit the hard copy of the Complaint and other communications in the Proceeding.

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Page 2: FORM A - admin.aiac.world€¦  · Web viewThe Complainant agrees that its claims and remedies concerning the registration or use of the domain name, the domain name dispute or its

The Policy and Rules governing this Proceeding can be found at:

MYNIC’s (.my) Domain Name Dispute Resolution Policy (MYDRP) The Rules of MYNIC’s (.my) Domain Name Dispute Resolution Policy (Rules of

MYDRP) The Supplemental Rules of the Centre

Alternatively, you may contact the Centre to obtain any of the above documents. The Centre can be contacted at Bangunan Sulaiman, Jalan Sultan Hishamuddin, 50000 Kuala Lumpur, Malaysia, by telephone at +603 2271 1000, by fax at +603 2271 1010 or by e-mail at [email protected].

By submitting this Complaint to the Centre the Complainant hereby agrees to abide and be bound by the provisions of the Policy, Rules and Supplemental Rules.

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Page 3: FORM A - admin.aiac.world€¦  · Web viewThe Complainant agrees that its claims and remedies concerning the registration or use of the domain name, the domain name dispute or its

KUALA LUMPUR REGIONAL CENTREFOR ARBITRATION

REGIONAL RESOLUTION GLOBAL SOLUTION

Form APlease use this form to submit a Complaint to the Kuala Lumpur Regional Centre for Arbitration (the Centre) pursuant to MYNIC’s (.my) Domain Name Dispute Resolution Policy (MYDRP), and the Rules of the MYDRP and the Supplemental Rules of the Centre.

(Note: In case any section of the form is not applicable, please put N/A)

COMPLAINT IN ACCORDANCE WITH THE MYNIC’S (.MY) DOMAIN NAME DISPUTE RESOLUTION POLICY

This Complaint is submitted for decision in accordance with the MYNIC’s (.my) Domain Name Dispute Resolution Policy (the Policy), the Rules of the MYNIC’s (.my) Domain Name Dispute Resolution Policy (the Rules) and the Supplemental Rules of the Kuala Lumpur Regional Centre for Arbitration (the Supplemental Rules).

1. DETAILS OF PARTIES:

A. COMPLAINANT: (Rule 4.2(i) of the Rules)

[If there is more than one Complainant, provide the following information for each Complainant, describe the relationship between the Complainants and why each Complainant has a sufficient common interest in the domain name(s) in issue for a joinder to be permissible.]

Name : Prime Contact : Address :Tel. No : Fax No. :E-mail Address :Legal Status :Place of Incorporation :Local Presence Registrant:Business Registration Number (ROC/ROB/ROS No):

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Page 4: FORM A - admin.aiac.world€¦  · Web viewThe Complainant agrees that its claims and remedies concerning the registration or use of the domain name, the domain name dispute or its

(attach a copy of the Certificate of Registration)Registered office :

i. AUTHORISED REPRESENTATIVE

Name :Address : E-mail Address :Tel. No. : Fax No. :

B. RESPONDENT: (Rule 4.2(iv) of the Rules)

Name :Address :Tel. No. :Fax. No. :Email Address :Legal Status :Place of Incorporation :

Local Presence Registrant:Business Registration Number (ROC/ROB/ROS No.):(attach a copy of the Certificate of Registration)Registered office :

[Indicate reasons why the person/entity identified as the Respondent has been so identified] (All supporting documents and evidence should be attached to this application with an index therefore.)

2. PREFERRED METHOD OF COMMUNICATIONS BY THE COMPLAINANT: (Rule 4.2(ii) of the Rules)

a) ELECTRONIC FORM

Method : Electronic mailAddress : [enter one email address only]Contact person : [identify name of one contact person]

b) HARD COPY Method : [Specify by Registered post, Courier or Hand Delivery]Address : [enter one address]Contact person : [identify name of one contact person]

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Page 5: FORM A - admin.aiac.world€¦  · Web viewThe Complainant agrees that its claims and remedies concerning the registration or use of the domain name, the domain name dispute or its

3. THE COMPLAINANT ELECTS TO HAVE THE COMPLAINT DECIDED BY: (Rule 4.2(iii) of the Rules)

[Specify Single-member Panel or Three-member Panel]

4. THE COMPLAINANT’S CHOICE OF PANELLISTS (Rule 4.2(iii) of the Rules) [If you choose three-member panel, please list them below in preference together with their contact details] (must choose from the Centre’s published list of Panellists):

1.

2.

3.

5. DOMAIN NAME(S) (Rule 4.2(v), (vi) of the Rules)

(a) [Please specify the trademark(s) or service mark(s) which is/are in dispute]

(b) [Please specify the trade mark(s) or service mark(s) on which the Complaint is based and for each mark, describe the goods or services to which it relates.] (If applicable, please attach copies of all registration certificates.)

6. THE FACTUAL AND LEGAL GROUNDS ON WHICH THE COMPLAINT IS MADE (Rule 4.3 of the Rules):

(Word limit shall be 5,000 words maximum.)

(a) [Please specify the manner in which the domain name(s) is/are identical or confusingly similar to a trade mark or service mark in which the Complainant has rights.]

(b) [Please explain why the domain name(s) should be considered as having been registered and/or used by the Respondent in bad faith.](Kindly refer to Paragraph 6 of the Policy.)

7. REMEDIES SOUGHT (Rule 4.2(vii) of the Rules and Paragraph 12 of the Policy)

[Specify transferring registration of the Domain Name to the Complainant or deletion of registration of the Domain Name.]

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8. OTHER LEGAL PROCEEDINGS (Rule 4.2(viii) of the Rules) (Please attach any supporting documentation.)

[Indicate whether there are legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Complaint.]

9. REGISTRATION AGREEMENT INCORPORATING THE MYNIC’S DOMAIN NAME DISPUTE RESOLUTION POLICY (A copy must be attached to this Complaint.)

10. MUTUAL JURISDICTION

[Specify that the Complainant agrees to be bound by the exclusive jurisdiction of the Malaysian Courts in relation to any Court proceedings commenced by either Party in respect of the disputed domain name(s) or where arbitration proceedings are commenced, that the Complainant agrees to comply with either the Arbitration Act 2005 or the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration, as the case may be.]

[Specify the territorial jurisdiction of Malaysian Courts, choose from the following:(a) location of MYNIC; or (b) location of domain name holder’s address, as shown in registration of the domain name(s) in the MYNIC’s database at the time of the submission of the Complaint.]

11. CONFIRMATION OF TRANSMISSION

[Please confirm that a copy of this Complaint together with the Complaint Transmittal Coversheet (CTC) has been sent or transmitted to the Respondent(s)]

12. PAYMENT (Rule 4.5, 21 of the Rules, Paragraph 17 of the Supplemental Rules)

[Please specify amount and method of payment.]

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Page 7: FORM A - admin.aiac.world€¦  · Web viewThe Complainant agrees that its claims and remedies concerning the registration or use of the domain name, the domain name dispute or its

13. CERTIFICATION (Rule 4.2(x) of the Rules)

The Complainant agrees that its claims and remedies concerning the registration or use of the domain name, the domain name dispute or its resolution shall be solely against the Respondent and accordingly, the Complainant waives all other claims and remedies against MYNIC, the Kuala Lumpur Regional Centre for Arbitration and its Panellists, as well as their respective officers and employees, except in the case of fraud or deliberate wrongdoing.

Further thereto, the Complainant certifies that the information contained in this Complaint is, to the best of the Complainant's knowledge, complete, current, accurate and true, that this Complaint is not being presented for any improper purpose and that the assertions in this Complaint are warranted under these Rules and under all applicable law, as it now exists or as it may be extended by a good faith and reasonable argument.

The Complainant, in consideration of this domain name dispute resolution procedure made available by MYNIC, hereby agrees and acknowledges to be bound by the provisions set out in MYNIC’s Domain Name Dispute Resolution Policy, these Rules and the Supplemental Rules of the Provider (“Policy and Rules”). Further thereto and also in consideration of the said domain name dispute resolution procedure made available by MYNIC, the Complainant agrees, acknowledges and undertakes to indemnify MYNIC, its officers and employees, as the case may be, for any damages or losses which they have suffered or will suffer as a result of all claims or actions which are brought against MYNIC as a direct or indirect result of the domain name dispute or pursuant to the Policy and Rules.

Submitted by,

Signature : Name : Capacity :Date :

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