The information shown below, organized in the form of questions and answers, may help you to find out more about the universe of a domain dispute. If you still have any queries after reading these topics, contact us by e-mail: email@example.com.
The CASD-ND Procedure can be used by any private citizen or legal entity wishing to settle a dispute relating to a domain name .br whose owner has signed up to the SACI-Adm by contract established with Nic.br for the registration of domain names.
The CASD-ND Procedure can be used to settle domain name disputes that fall under one of the situations below:
a – The domain name is identical or similar enough to cause confusion with a trademark owned by the Claimant, submitted before registering the domain name or already registered, before the Brazilian National Institute of Industrial Property (INPI); or
b – The domain name is identical or similar enough to cause confusion with a trademark owned by the Claimant, irrespective of whether or not it has been previously filed or registered in Brazil, but which is characterized as a famous mark in its field of activity for the purposes of Art. 126 of Law Nº. 9,279/96 (Industrial Property Law); or
c – The domain name is identical or similar enough to cause confusion with a title of establishment, commercial name, civil name, family name or patronymic, pseudonym or well-known nickname, singular or collective artistic name, or even another domain name over which the Claimant holds priority.
The following shall constitute evidence of bad faith in using the domain name that is the object of the CASD-ND Procedure :
a – The Owner registered the domain name with intent to sell, rent or transfer it to the Claimant or to third parties; or
b – The Owner registered the domain name to prevent the Claimant from using it as a corresponding domain name; or
c – The Owner registered the domain name with the intention of adversely affecting the Claimant’s business activity; or
d – In using the domain name, the Owner intentionally seeks to attract, with a view to profit, Internet users to its website or to any other e-address, creating a situation of likely confusion with the Claimant’s distinctive sign.
The first step is to sign up as a user and then register the respective dispute on the CSD-ABPI website. Accordingly, use the links available in the top navigation bar that exists on all pages of the CASD-ND website.
After registration, you will receive a payment note relating to the procedural fees. You must then pay the note and send proof of payment by e-mail to the Executive Secretariat of CSD-ABPI at the following address: firstname.lastname@example.org. Subsequently, you will receive an e-mail from the Executive Secretariat with a link for you to upload the complaint and respective documents (Art. 3.1 of the CASD-ND Regulations) available on this website.
After uploading the files on the CASD-ND internet page, you will receive an e-mail confirming receipt and attachment thereof to your complaint.
The Executive Secretary will formally examine the Complaint within 5 (five) days and, all things being in order, the Procedure begins and the Respondent will be notified to submit its defense.
In turn, should any formal irregularity be found in the Complaint, then you will be notified to remedy said irregularities within 5 (five) days. Having remedied the formal irregularities in the Complaint within the term, the Procedure begins. Otherwise, your Complaint will be rejected.
Yes. The procedure is not an arbitration, but rather an alternative form of settling the dispute. Parties may file a lawsuit or arbitration proceedings, as the case may be, at any time.
The Portuguese language is compulsorily used as the language of all CASD-ND Procedures. Should the documents be in a foreign language, the Specialist(s) may, at their discretion, request the respective uncertified or sworn translation thereof.
No. The CASD-ND Procedure does not require Parties to be represented by a lawyer.
Yes. The Complaint may comprise more than one domain name, provided that all belong to the same Owner and that the cause of action is common to all. However, the fees charged by CASD-ND vary according to the quantity of domain names.
Yes. Should the Parties settle the dispute by agreement during the CASD-ND Procedure, the Specialist(s) will serve a Decision of Ratification of Agreement, which brings the procedure to a close before CASD-ND.
The cost of a CASD-ND Procedure can be seen in the Table of Charges and Expenses for Dispute Settlement of CASD-ND (see table in the specific link in the top bar of this page).
As a rule, the Procedure for settling disputes relating to domain names terminates within a maximum of 90 (ninety) days counted from the date on which it began. However, this term may be extended, at the discretion of the Specialist(s) and/or of the Executive Secretary, provided that it does not exceed 12 (twelve) months.
The Specialist(s) may order the cancellation or transfer of the domain name to the Claimant or that it be kept by the Respondent.
No, NIC.br will await a term of 15 (fifteen) business days counted from the date on which it was notified by CASD-ND of the decision before implementing it.
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