Rapid Evaluation Service (RES)

ICM Registry, the operator of the .XXX Top Level Domain, has incorporated the Rapid Evaluation Service (RES). RES became effective as of September 1, 2011. Like the Uniform Domain Name Dispute Resolution Policy (UDRP), the RES is designed to protect trademarks from online infringement. The RES applies to Second Level domain names ending in .XXX. ICM Registry has created RES as a fast-track dispute resolution process which resolves blatantly clear trademark infringement cases.

Trademark claims under the RES are limited to assertion of a single registered textual trademark or service mark in actual commercial use in connection with identifiable goods and/or services, and to .XXX domain name registrations which are apparently and obviously intended to abuse or interfere with the rights embodied in such trademarks or service marks. The RES is further intended to address abusive .XXX registration of the names of individual persons. The RES is not intended to address rights in geographic terms, appellations of origin, trade names and other protected signs, except as they may be the subject of registered trademarks or service marks of national effect.

Additional Information

Terminology

  • Complainant: the party initiating a complaint concerning a .XXX domain name registration.

  • Respondent: the holder of a .XXX domain name registration against which a complaint is initiated.

  • ICANN: refers to the Internet Corporation for Assigned Names and Numbers.

  • Provider: the dispute-resolution service provider for RES. The Rapid Evaluation Service is provided by National Arbitration Forum (NAF)

  • Evaluator: an individual appointed by NAF to decide a complaint concerning a .XXX domain name registration.

  • Party: a Complainant or a Respondent.

  • Policy: the Rapid Evaluation Service Policy that is incorporated by reference and made a part of the Registration Agreement.

  • Registrar: the entity with which the Respondent has registered a .XXX domain name that is the subject of a complaint.

  • Registration Agreement: the agreement between a Registrar and a .XXX domain name holder.

Processing the National Arbitration Forum's Request

As an ICANN-accredited Registrar, you may receive a RES Complaint from NAF.

Note
  • Verify that you are the Sponsoring Registrar of this .XXX domain name.

  • Always store the official RES Complaint, safely and make it readily accessible to your Compliance Team.

  • Upon receipt of a complaint from NAF, you are expected to respond to it within 24 hours.

  1. Lock the domain name through OrderBox and if Privacy Protection has been enabled for the domain name, disable the same. Provide a meaningful reason while performing these actions, such that both you and your Customer can identify the purpose of Locking the domain name/disabling Privacy Protection [when viewing from their OrderBox interface].

  2. Update NAF (at domaindispute@adrforum.com) that Privacy Protection has been disabled for the domain name and also mention the case number in the correspondence. This needs to be done within 24 hours of receiving the complaint.

  3. Evaluator will deliver a preliminary decision within 2 business days on commencement:

    • ask the Registry suspend the operation of .XXX domain name pending a final decision, or

    • end RES proceeding and ask the Registry to remove servertransferprohibited and serverdeleteprohibited statuses placed on the domain name.

  4. At the conclusion of a proceeding under RES, a final decision will be issued in which:

    • if in favour of the complainant:

      • the Evaluator will ask the Registry to permanently delete the name, or

      • place the name on Registry reserved status.

    • if in favour of the respondent, the Evaluator will ask the Registry to ask the Registry to remove servertransferprohibited and serverdeleteprohibited statuses placed on the domain name.

Additional Information
  • None of the NAF decisions are published and none of the parties names are published.

  • Either party (complainant or respondent) may submit a dispute concerning .XXX domain name to concurrent administrative proceedings or to a court of competent jurisdiction for independent resolution during a pending RES administrative proceeding or after such proceeding is concluded.

    Upon notice of such other proceeding, the RES proceeding will be suspended or terminated (in the sole discretion of the Evaluator, once appointed, and automatically terminated if an Evaluator is not appointed) in deference to the outcome of such other proceeding.