中国第一起.mobi质疑案即将开始

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转自：易域
Sunrise.mobi" <sunrise.mobi@wipo.int>
This is to notify you that an administrative proceeding has been commenced against you pursuant to the Sunrise Challenge Policy for .mobi. Accordingly, please find attached:

1. the Notification of Challenge and Commencement of Administrative Proceeding; and
2. the Challenge.

Should you have any questions, do not hesitate to contact the Center.

Sincerely,

WIPO Arbitration and Mediation Center


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December 28, 2006

Re: Case No. DSMOBI2006-0014
[<mop.mobi>]
Notification of Challenge and
Commencement of Administrative Proceeding


Notification. You are hereby notified that an administrative proceeding has been commenced against you pursuant to the Sunrise Challenge Policy for .mobi (the Policy) (http://pc.mtld.mobi/documents/Sunris...ge-Policy.pdf). The proceeding involves the above-referenced domain name (the Domain Name) and has been assigned the above-referenced case number.

The Policy is incorporated by reference into your Registration Agreement with the Registrar of your Domain Name. Pursuant to this agreement, you are required to submit to and participate in a mandatory administrative proceeding, in the event that a third party (the Challenger) submits a Challenge to the WIPO Arbitration and Mediation Center (the Center) alleging the non-compliance of your sunrise registration with the .mobi Sunrise Registration Conditions, reproduced in Policy, Paragraph 4(c), and referred to in the Challenge.

Receipt of Challenge. The Challenge was submitted online to the Center by Zhe Tian during the Sunrise Challenge Period.

A copy of the Challenge accompanies this notification.

Formal Requirements Compliance Review. In accordance with Paragraph 4(a) of the Rules for Sunrise Challenge Policy for .mobi (the Rules) (http://pc.mtld.mobi/documents/do ... hallenge-Rules.pdf), the Center has verified that the Challenge satisfies the formal requirements of the Policy and the Rules. Payment in the required amount has been made by the Challenger to the Center.

Commencement of Administrative Proceeding. In accordance with Rules, Paragraph 4(c), the formal date of commencement of the administrative proceeding is December 28, 2006.

Deadline for Response. Within forty-five (45) calendar days of the date of commencement of the administrative proceeding indicated in Section 4 above, you must submit to the Center a Response according to the requirements described in Rules, Paragraph 5. The last day for submitting your Response is February 11, 2007.

Response Filing. Your Response must be submitted in electronic form (without annexes) via the Internet using the Online Response Filing Form made available by the Center at <https://webaccess.wipo.int/domains/mobi/response.html > and in hard copy (with annexes) by postal or courier service. You must annex to the hard copy of your Response the original(s), or certified copies, of the trademark or service mark certificate(s) demonstrating your compliance with the Sunrise Registration Conditions (Policy, Paragraph 4(c); Rules, Paragraph 5(c)(i)). A certified copy of a trademark or service mark certificate means a copy certified by the trademark office with which the trademark or service mark is registered. Pursuant to Rules, Paragraph 6(b), any trademark or service mark certificates in a language other than English must be accompanied by a certified translation into English.

You must send the Response in hard copy in accordance with the following instructions:

one signed original and two copies of the Response and annexes must be sent by postal or courier service (postage pre-paid and return receipt requested) to:

WIPO Arbitration and Mediation Center
34, chemin des Colombettes
1211 Geneva 20
Switzerland

one copy of the Response and annexes must be sent to the Challenger by postal or courier service (postage pre-paid and return receipt requested) using the contact details provided in the Challenge under Section II.A.6.

You are not required to send the Response to the Registrar or the Registry.

Both your electronic and hard copy submissions must be submitted to the Center no later than the deadline indicated in Section 5 above. In accordance with Rules, Paragraph 2(e), your submission in electronic form shall be deemed to have been made on the date of its online transmission, provided that the date of transmission is verifiable. Your submission in hard copy shall be deemed to have been made on the date of mailing marked on the postal or courier receipt.

Default. If your Response is not submitted by the date specified in Section 5 above, you will be considered in default. In such an event, in accordance with Rules, Paragraphs 5(e) and 9(a), unless the Center finds that exceptional circumstances apply, the Challenge will be granted. If the Challenger has requested a transfer of the Domain Name, a decision to that effect will be subject to a finding by the Center that the Challenger complies with the Sunrise Registration Conditions, failing which the Center shall order that the Domain Name be cancelled, pursuant to Policy, Paragraph 4(e)(iii). In accordance with Rules, Paragraph 9(b), if, in the absence of exceptional circumstances, you do not comply with any provision of, or requirement under, the Rules or any request from the Center, the Center may draw such inferences therefrom and may undertake such procedural steps as it considers appropriate.

Decision. The Center will use reasonable efforts to decide upon the Challenge within thirty (30) calendar days of the receipt of all submissions to be made by the parties under the Policy and the Rules, or of the expiry of the deadline for such submissions. The Center’s determination as to whether the Sunrise Registration Conditions set forth in Paragraph 4(c) of the Policy are met will be based on a prima facie examination of any trademark or service mark certificates submitted. The Center’s decision is of an administrative nature and shall be final. The Center shall not be required to state reasons for its decision.

Fees. Please note that the filing fees for the administrative proceeding will be paid in their entirety by the Challenger.

Additional Information. Any further questions about the procedure may be directed to the Center by telephone at + 41 22 338 8247, by fax at + 41 22 740 3700, or by e-mail at sunrise.mobi@wipo.int. All e-mail communications in relation to an existing case must include, in the subject line of the e-mail, the Challenge number assigned by the Center as well as the Domain Name.

Yours sincerely,


WIPO Arbitration and Mediation Center

COMMUNICATIONS

This notification and a copy of the Challenge is being communicated to the Respondent by e-mail, as required by Paragraph 4(a) of the Rules:


Name of Respondent Shengqiang Lei
Name of Representative (if applicable) ---
E-mail address(es) lsq131@126.com
Technical Contact HiChina Web Solutions Limited
E-mail address(es) domainadm@hichina.com


This notification is being communicated to the Challenger by e-mail at:


Name of Challenger Zhe Tian
Name of Representative (if applicable) Yan Cui
E-mail address yan.cui@dudu-inc.com


This notification is also being communicated to the Registry by e-mail.

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