Domain Name Resolves to Website Where Trademark Is Allegedly Infringed. Provider shall not be required to comply with a Request unless the Requester provides to Provider verifiable evidence of wrongdoing, including: 2.3.1. The exact URL where the allegedly infringing content is located; 2.3.2. Evidence of previous use of a Relay function (compliant with the relevant section of accreditation standards regarding Relay) to attempt to contact the Customer with regard to the subject matter of the request, if any, and of any responses thereto, if any. Requesters are also encouraged (but not required under this Specification) to provide evidence of previous attempts to contact the web host or the domain name registrar with regard to the subject matter of the request, if any, and of any responses thereto, if any; 2.3.3. Full name, physical address, email address, and telephone number of the trademark holder; and for legal entities, the country where the trademark holder is incorporated or organized; 2.3.4. Authorized legal contact for the trademark holder and his/her name, law firm (if outside counsel), physical address, email address and telephone number for contact purposes; 2.3.5. The trademark, the trademark registration number (if applicable), links to the national trademark register where the xxxx is registered (or a representative sample of such registers in the case of an internationally registered xxxx), showing that the registration is currently in force (if applicable), and the date of first use or of application and registration of the xxxx; and 2.3.6. A good faith statement, either under penalty of perjury or notarized or accompanied by sworn statement, from either the trademark holder or an authorized representative of the trademark holder, that: 2.3.6.1. Provides a reasonable basis for trademark holder’s belief that the use of the trademark on the website (i) infringes the trademark holder’s rights and (ii) is not defensible. 2.3.6.2. States that Requester and the trademark holder will comply with all applicable data protection laws while retaining Customer’s contact details and will use Customer’s contact details only (i) to determine whether further action is warranted to resolve the issue, (ii) to attempt to contact Customer regarding the issue or (iii) in a legal proceeding concerning the issue; and 2.3.6.3. Agrees that the Requester and the trademark holder will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) where the Requester or trademark holder is incorporated or organized (or of its home address, if an individual), and (2) where Provider specifies on its request form, solely for disputes arising from alleged improper disclosures caused by knowingly false statements made by the Requester, or from Requester’s or the trademark holder’s knowing misuse of information disclosed to it in response to its request. 2.3.7. Where the Requester is not the trademark holder, the Requester must attest that the Requester is an authorized representative of the trademark holder, capable and qualified to evaluate and address the matters involved in this request, and having the authority to make the representations and claims on behalf of the trademark holder in the request, including the authority to bind the trademark holder to the limitations on the use of Customer data once disclosed. 2.3.8. Where the Requester is not the trademark holder, an officer of the trademark holder (if a corporate entity) or an attorney of the trademark holder, and Provider has a reasonable basis to believe that the Requester is unauthorized to act on behalf of the trademark holder or seeks to verify a new or unknown Requester, Provider may request, and the Requester shall provide, sufficient proof of authorization.
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Samples: Accreditation Agreement, Accreditation Agreement, Accreditation Agreement
Domain Name Resolves to Website Where Trademark Is Allegedly Infringed. Provider shall not be required to comply with a Request unless the Requester provides to Provider verifiable evidence of wrongdoing, including:
2.3.1. The exact URL where the allegedly infringing content is located;
2.3.2. Evidence of previous use of a Relay relayRelay function (compliant with the relevant section of accreditation standards regarding Relay) to attempt to contact the Customer with regard to the subject matter of the request, if any, and of any responses thereto, if any. Requesters are also encouraged (but not required under this SpecificationPolicy) to provide evidence of previous attempts to contact the web host or the domain name registrar with regard to the subject matter of the request, if any, and of any responses thereto, if any;
2.3.3. Full name, physical address, email address, and telephone number of the trademark holder; and for legal entities, the country where the trademark holder is incorporated or organized;
2.3.4. Authorized legal contact for the trademark holder and his/her name, law firm firm, (if outside counsel), physical address, email address and telephone number for contact purposes;
2.3.5. The trademark, the trademark registration number (if applicable), links to the national trademark register where the xxxx is registered (or a representative sample of such registers in the case of an internationally registered xxxx), showing that the registration is currently in force (if applicable), and the date of first use or and/or of application and registration of the xxxx; and
2.3.6. A good faith statement, either under penalty of perjury or notarized or accompanied by sworn statement, from either the trademark holder or an authorized representative of the trademark holder, that:
2.3.6.1. Provides a reasonable basis for trademark holder’s belief that the use of the trademark on the website (i) infringes the trademark holder’s rights and (ii) is not defensible.
2.3.6.2. States that Requester and the trademark holder will comply with all applicable data protection laws while retaining Customer’s contact details and will use Customer’s contact details only (i) to determine whether further action is warranted to resolve the issue, (ii) to attempt to contact Customer regarding the issue or (iii) in a legal proceeding concerning the issue; and
2.3.6.3. Agrees that the Requester and the trademark holder will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) where the Requester or trademark holder is incorporated or organized (or of its home address, if an individual), and (2) where Provider specifies on its request form, solely for disputes arising from alleged improper disclosures caused by knowingly false statements made by the Requester, or from Requester’s or the trademark holder’s knowing misuse of information disclosed to it in response to its request.
2.3.7. Where the Requester is not the trademark holder, the Requester must attest that the Requester is an authorized representative of the trademark holder, capable and qualified to evaluate and address the matters involved in this request, and having the authority to make the representations and claims on behalf of the trademark holder in the request, including the authority to bind the trademark holder to the limitations on the use of Customer data once disclosed.
2.3.8. Where the Requester is not the trademark holder, an officer of the trademark holder (if a corporate entity) or an attorney of the trademark holder, and Provider has a reasonable basis to believe that the Requester is unauthorized to act on behalf of the trademark holder or seeks to verify a new or unknown Requester, Provider may request, and the Requester shall provide, sufficient proof of authorization.
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