Policy of solution of controversies in the matter of names of dominion for .MX (LDRP)

1. Procedure of solution of controversies.
a. Applicable controversies.
All the people whom they consider affected his rights (promovente) and that wish to ask for the cancellation of the registry or transmission of the ownership of the registry of a name of dominion in .MX, they accept to be put under the Policy of solution of controversies in the matter of names of dominion for .MX (LDRP) and the respective regulation, before a supplier of services of solution of controversies, authorized by Registry .MX, conformed by an independent and impartial group of experts, in the following cases:

  1. the dominion name is identical or similar in degree of confusion with respect to a mark of products or services registered, registered commercial warning, denomination of origin or reserve of right on which the promovente has right; and
  2. the holder does not have right or I interest legitimate with respect to the dominion name; and
  3. the dominion name has been registered or it is used of bad faith.

b. Tests of the registry or use of bad faith.
The following circumstances, among others, will constitute the test of the registry or use of bad faith of a dominion name:

  1. circumstances that they indicate that it has been registered or acquired the dominion name essentially with the purpose of to sell, to rent or to yield of another way the registry of the name of dominion to the promovente that is the holder of the product mark or services registered, registered commercial warning, denomination of origin or reserve of rights or to a competitor of the promovente, by a certain value that it surpasses the documented diverse costs that are related directly to the dominion name; or
  2. the dominion name has been registered in order to prevent that the holder of the product mark or services registered, registered commercial warning, denomination of origin or reserve of rights reflect his denomination in a name of corresponding dominion, as long as the holder has developed a conduct of that nature; or
  3. the dominion name has been registered essentially with the purpose of to disturb the commercial activity of a competitor; or
  4. the name of dominion of deliberate way has been used with the purpose of to attract, with the intention of profit, users from Internet to a Web site or any other site in line, creating the possibility that confusion with the denomination of the promovente as far as the source, sponsorship, affiliation or promotion of the Web site or the site in line or a product or service or legally had the charge of by some reserve of rights exists that in line appears in the Web site or the site.

c. Rights and I interest legitimate.
To rights and legitimate interests will be demonstrated on the dominion name when they appear anyone of the circumstances that of more nonlimiting declarative way appear next:

  1. before to have received any warning of the controversy, has been used the dominion name, or they have taken place preparatory demonstrable for his use, or a name corresponding to the name of dominion in relation to a supply of good product faith or services or legally had the charge of by some reserve of rights;
  2. the holder (as individual, company or another organization) has been met commonly by the dominion name, has even though not acquired right of marks of products or services registered, registered commercial warning, denomination of origin or reserve of rights; or
  3. a legitimate and loyal or noncommercial use becomes of the dominion name, without intention to turn aside to the consumers of ambiguous way or to dim good reputation of the mark of products or services registered, registered commercial warning, denomination of origin or reserve of rights at issue with the intention of profit.

d. Beginning of the procedure.
The requirements for the beginning and the procedure of policy LDRP, as well as for the selection of an administrative group of experts, are established in the Regulation of the procedure of solution of controversies regarding the abusive registry of names of dominion in .MX (the “Regulation”) and in the Additional Regulation of the supplier, if so. The promovente will directly select the supplier among authorized by Registry .MX, transmitting the promovente saying its request of resolution of controversy regarding names of dominion to this supplier.

e. Transference of ownership during a controversy.
The holder will not be able to transfer the ownership of the dominion name during a procedure of solution of controversies in the matter of names of dominion for .MX (LDRP) pending, initiate in accordance with this policy; Registry .MX reserves the right to cancel any transference of ownership of a dominion name that infringes the established thing in the present section.

f. Rates and honoraria.
All the rates and honoraria related to any controversy before an administrative group of experts will be pleased according to the established thing by each supplier.

g. Effects.
The effects available for the promovente in accordance with any procedure before an administrative group of experts will limit a:

  1. to ask for the cancellation of the registry of the dominion name; or
  2. to ask for the transmission to the promovente of the ownership of the dominion name.

h. Resolutions.
The holder of a name of dominion in .MX and the promovente accept to accept the resolutions of any group of experts, specifically indicated by Registry .MX like supplier of services in resolution of controversies of name of dominion in .MX, as well as the execution that makes Registry .MX of the resolution dictated by this group of experts.

i. Participation of Registry .MX in the solution of controversies.
The holder and the promovente accept and know that Registry .MX does not participate nor will participate in the administration or accomplishment of any procedure before a group of experts. In addition, the holder and the promovente accept and know that Registry .MX will not be responsible for any resolution dictated by an administrative group of experts if does not act in accordance with its authority, or consequences of the application of the same.

j. Notification and publication.
The supplier will notify in Spanish language to Registry .MX any resolution adopted by a group of experts with respect to a dominion name. All the resolutions adopted by virtue of the present Policy applicable to the controversies will be published in the page of Registry .MX http://www.registry.mx, except when a group of experts determines, making use of their exclusive faculties, that does not have to publish the resolution.

k. Warning.
The promovente, will immediately notify in writing (mailing dress of Registry .MX and of the electronic mail: legal@nic.mx) to Registry .MX any procedure, initiate with respect to a name of dominion in .MX.

2. Modifications of the Policy.
a. Any modification or update to the Policies of registry of a dominion name will be published with a warning of 15 days natural immediate previous to the date of their entrance in force, in the page of Registry .MX: http://www.registry.mx, so that the holder shows what to its interests he agrees. Once passed the previous term the holder of the dominion name will be forced under these new Policies, without it is necessary that Registry .MX realizes no other type of publication or warning.

b. Unless a request of resolution of controversy prior to the entrance in force of (s) the new (s) version (it is) of this Policy has appeared, in which case the version of the Policy will be applied that was in force at the time of presentation of the request of resolution of controversy, (s) the new (s) version (it is) of the Policy will tie (n) to the holder of the dominion in any controversy in the matter of registries of names of dominion in .MX, independent of the fact that the generating facts of the controversy have arisen prior to the date of entrance in force of the change, in this date or after the same.

ANNEX A

Supplier of services of solution of controversies.
Registry .MX indicates that they count on his authorization like suppliers of services of solution of controversies:

  • Center of Mediation and Arbitration of the World-wide Organization of the Intellectual Property
    • Site in Internet (http://arbiter.wipo.int/domains/index-es.html).
    • Costs (http://arbiter.wipo.int/domains/fees/index-es.html).

It is the intention of Registry .MX to select to other suppliers of services of solution of controversies in the future.