On July 1, Neustar will become one of the first country-code top-level domains to implement the usTLD Rapid Suspension Procedure (“usRS”). Although this new mechanism has been introduced with the new generic top-level domains approved by the Internet Corporation for Assigned Names and Numbers, it is not widespread within the ccTLD community.
The usRS will provide intellectual property rights holders a faster, more cost-effective mechanism to resolve clear-cut cases of trademark infringement within the usTLD than the existing .us Dispute Resolution Policy (“usDRP”).
Under the usRS, the complainant must demonstrate by clear and convincing evidence that:
- The domain name(s) in question are identical or confusingly similar to one of its trademarks,
- The registrant has no legitimate right or interest in the domain name(s), and
- The domain name(s) were registered or are being used in bad faith.
If the National Arbitration Forum (“NAF”), the usRS Provider, determines that a complaint meets these criteria and adheres to all rules and procedures in the usRS Policy Rules and the NAF usRS Supplemental Rules, the complainant will prevail. As remedy, the domain name(s) will be suspended for the remaining registration term. The complainant may extend the suspension for an additional year at his or her expense. The original domain name holder may appeal a usRS decision in favor of the complainant. Further details on the usRS rules and procedures can be found in the usRS Policy Rules.
The usRS provides a quick and cost-effective alternative to the usDRP. The costs of filing a usRS range from $375, for complaints involving up to 14 domains, to $500. Additional fees will apply for reexaminations or appeals. NAF will issue usRS decisions no later than five calendar days following the submission of a response or the expiry of the fourteen-day response period. For a full breakdown of the usRS fees and timeline see the NAF usRS Supplemental Rules.
Unlike in usDRP proceedings, usTLD domain names cannot be transferred as a result of a usRS complaint. Trademark holders seeking ownership of an infringing domain name in the usTLD should continue to use the usDRP to resolve their disputes.
As of July 1, 2014, the usRS will cover all domains in the usTLD.