Definitions

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Contents

(Administrative) Panel

  • See Panel for the definition under the ADR Rules for .eu domain names.

ADR

Alternative dispute resolution.

(Defined in Article 21(2)(a), the heading of Article 22 of the Public Policy Rules and the ADR Rules Paragraph A1)

ADR Procedure

ADR Procedure has the meaning ascribed to it in the .eu Dispute Resolution Rules.

(Defined in EURid Terms and Conditions Definitions)

ADR Proceeding

A proceeding initiated in accordance with the Procedural Rules.

(Defined in ADR Rules Paragraph A1)

ADR Rules

The .eu Alternative Dispute Resolution Rules.

(Defined in the ADR Rules's heading)

Applicant

A natural person, company, or organisation filing an Application with the Registry via a Registrar.

(Defined in EURid Sunrise Rules Definitions)

Application

A complete, technically correct request for a Domain Name registration submitted to the Registry, which complies with all the requirements provided for in (a) Section 3 of the Sunrise Rules and (b) the Registration Guidelines;

(Defined in EURid Sunrise Rules Definitions and EURid Terms and Conditions Definitions)

Complainant

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
(Defined - as "complainant", not "Complainant" - in ICANN Policy Paragraph 4(a))

Complaint

The document including all annexes prepared by the Complainant to initiate a cause of action under the ADR Proceeding.

(Defined in ADR Rules Paragraph A1)

Confirmation Notice

The e-mail sent by the Registry to the Applicant (and the person indicated by the Applicant in the Application, if any) upon receipt of an Application.

(Defined in EURid Sunrise Rules Definitions)

Cover Letter

The pre-formatted electronic document that the Registry makes available to the Applicant (or the person indicated by the Applicant in the Application, if any) upon receipt by the Registry of an Application.

(Defined in EURid Sunrise Rules Definitions)

Date of Commencement of an ADR Proceeding

A date on which all the following conditions are fulfilled:
(a) an administratively compliant Complaint has been properly filed with the Provider; and
(b) the appropriate fee for the ADR Proceeding is paid.

(Defined in ADR Rules Paragraph A1)

Document Handling Agent

The party appointed by the Applicant in accordance with the Sunrise Rules Section 5(2), being the party responsible for submitting the Documentary Evidence to the Processing Agent.

(Defined in EURid Sunrise Rules Definitions)

Documentary Evidence

The documentation to be provided by (or on behalf of) the Applicant to the Processing Agent, in accordance with the Sunrise Rules.

(Defined in EURid Sunrise Rules Definitions)

Domain Name

A domain name registered directly under the .eu Top Level Domain or for which a request for registration or Application has been filed with the Registry.

(Defined in EURid Sunrise Rules Definitions and EURid Terms and Conditions Definitions)

Domain Name Holder

A legal or natural person who holds an activated registration of a .eu domain name.

(Defined in ADR Rules Paragraph A1)

.eu Dispute Resolution Rules

The rules for the Alternative Dispute Resolution (ADR) procedure referred to in Article 22 of the Public Policy Rules.

(Defined in EURid Sunrise Rules Definitions and EURid Terms and Conditions Definitions)

.eu Regulation

Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain, OJ L, 113, 30 April 2002, pp. 1-5.

(Defined in EURid Sunrise Rules Definitions and EURid Terms and Conditions Definitions)

European Union Regulations

Refer to Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain and Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and principles governing registration and any further regulation that would replace, amend or complete such rules and principles.

(Defined in ADR Rules Paragraph A1; also referred to as Regulations)

First-come-first-served principle

A specific domain name shall be allocated for use to the eligible party whose request has been received first by the Registry in the technically correct manner and in accordance with the Public Policy Rules.

(Defined in Article 2(2) of the Public Policy Rules)

General Eligibility Criteria

Eligibility Criteria set out in Art 4 (2)(b) of the .eu Regulation.

(Defined in EURid Terms and Conditions Definitions)

Government Validation Points =

The entities appointed in accordance with Article 13, second paragraph, of the Public Policy Rules that shall provide for validation concerning the names mentioned in Article 10(3) of the Public Policy Rules;

(Defined in EURid Sunrise Rules Definitions)

ICANN

The Internet Corporation for Assigned Names and Numbers.

(Defined in Paragraph 1 of the ICANN Policy and Paragraph 1 of the ICANN Rules, official web site at http://www.icann.org)

Mutual Jurisdiction

  • A court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider.

Official languages

All official languages of the Community.

(Defined in Article 6(1) of the Public Policy Rules)

Our

The registrar's.

(Defined in introductory note no. 3 to the ICANN Policy)

Panel

Panelist

An individual appointed by a Provider to be a member of a Panel.

(Defined in ADR Rules Paragraph A1 and ICANN Rules Paragraph 1)

Party

Phased Registration Period

Policy

Prior rights

  • Prior rights shall be understood to include, inter alia, registered national and community trademarks, geographical indications or designations of origin, and, in as far as they are protected under national law in the Member-State where they are held: unregistered trademarks, trade names, business identifiers, company names, family names, and distinctive titles of protected literary and artistic works.

Procedural Rules

The ADR Rules, Provider’s Supplemental ADR Rules and European Union Regulations. In case of conflict between any of these rules, the European Union Regulations take precedence.

(Defined in ADR Rules Paragraph A1)

Processing Agent

The Validation Agent appointed by the Registry for the processing of Documentary Evidence as described in Section 9 of the Sunrise Rules.

(Defined in EURid Sunrise Rules Definitions)

Provider

Public bodies

  • Public bodies shall include: institutions and bodies of the Community, national and local governments, governmental bodies, authorities, organisations and bodies governed by public law, and international and intergovernmental organisations.

Public Policy Rules

Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration, OJ L, 162, 30 April 2004, pp. 40-50.

(Defined in EURid Sunrise Rules Definitions and EURid Terms and Conditions Definitions)

Registrant

A natural person, company or organisation who is holder of a Domain Name registration or who has filed a request or application for the registration of a Domain Name.

(Defined in EURid Terms and Conditions Definitions)

Registrar

Registration Agreement

The agreement between a Registrar and a domain name holder.

(Defined in ADR Rules Paragraph A1 and ICANN Rules Paragraph 1)

Registration Guidelines

The technical guidelines made available on the Website of the Registry.

The prase is also used, but not defined, in the EURid Sunrise Rules. Unfortunately I have so far not been able to identify this document on the EURid website!

Registration Policy

Registry

  • ‘Registry’ means the entity entrusted with the organisation, administration and management of the .eu TLD including maintenance of the corresponding databases and the associated public query services, registration of domain names, operation of the Registry of domain names, operation of the Registry TLD name servers and dissemination of TLD zone files;
  • Registry means the entity entrusted by the European Commission with the organization, administration and management of the .eu designated in accordance with the procedure established in Article 3 of Regulation (EC) No 733/2002.

Regulations

The .eu Regulation and the Public Policy Rules.

(Defined in EURid Sunrise Rules Definitions and EURid Terms and Conditions Definitions; also referred to as "European Union Regulations")

Respondent

  • The holder of a domain-name registration against which a complaint is initiated.

Response

The document including all annexes filed by the Respondent responding to the allegations set forth in the Complaint in accordance with the ADR Rules and the Supplemental ADR Rules.

(Defined in ADR Rules Paragraph A1)

Reverse Domain Name Hijacking

Using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.

(Defined in ICANN Rules Paragraph 1)

Rules

Rules (of Procedure)

Rules for the ICANN Uniform Domain Name Dispute Resolution Policy.

(Defined in Paragraph 1 of the ICANN Policy)

Sunrise Appeal Period

A 40 day period during which a Complaint against the Registry’s decision to register a domain name within the Sunrise period can be filed as specified in the Sunrise Rules.

(Defined in ADR Rules Paragraph A1)

Sunrise Period

A phrase that is used like a defined term in ADR Rules Paragraph B1(b)(8), but is actually nowhere defined. The meaning is identical to Phased Registration Period.

Sunrise Rules

Supplemental ADR Rules

The rules adopted by the Provider administering ADR Proceedings to supplement the ADR Rules.

(Defined in ADR Rules Paragraph A1)

Supplemental Rules

The rules adopted by the Provider administering a proceeding to supplement these Rules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, file size and format modalities, the means for communicating with the Provider and the Panel, and the form of cover sheets.

(Defined in ICANN Rules Paragraph 1)

Term

The (renewable) term of one (1) year for registration of a Domain Name, as set out in Section 6 of the EURid Terms and Conditions.

(Defined in EURid Terms and Conditions Definitions)

Terms and Conditions

Time of Filing

A point in time when the following conditions are fulfilled:
(a) a Complaint or a request to change the language of the ADR Proceeding has been properly filed with the Provider; and
(b) the appropriate fee for the ADR Proceeding is received by the Provider.

(Defined in ADR Rules Paragraph A1)

TLD

Top Level Domain.

Us

The registrar.

(Implicitly defined in introductory note no. 3 to the ICANN Policy)

Validation Agent

The party appointed by the Registry to validate the Documentary Evidence of Prior Rights claimed by Applicants.

(Defined in EURid Sunrise Rules Definitions)

We

The registrar.

(Defined in introductory note no. 3 to the ICANN Policy)

Website of the Registry

The website available at http://www.eurid.eu.

(Defined in EURid Terms and Conditions Definitions)

WHOIS Policy

The WHOIS Policy made available on the Website of the Registry.

(Defined in EURid Terms and Conditions Definitions)

Working days

All days falling between Monday and Friday other than those which are public holidays in the country or the state where the Provider or either of the Parties, as the case may be, is subject to an obligation to adhere to a period of time as specified under the ADR Rules.

(Defined in ADR Rules Paragraph A1)

Written Notice

Hardcopy notification by the Provider to the Respondent of the commencement of an administrative proceeding under the Policy which shall inform the respondent that a complaint has been filed against it, and which shall state that the Provider has electronically transmitted the complaint including any annexes to the Respondent by the means specified herein. Written notice does not include a hardcopy of the complaint itself or of any annexes.

(Defined in ICANN Rules Paragraph 1)

You

"You" and "your" refers to the domain-name holder.

(Defined in introductory note no. 3 to the ICANN Policy)

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