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The Complaint
 The complaint must be filed in accordance with paragraph 3 of the Rules. The following format is intended for the assistance of the parties in providing all the information required, but there are no set rules as to how the information is presented.

You should make sure the following is included:

Complainant:
Address:
Name of contact person:
Telephone:
Fax:
Email:
Preferred method of communication:

and

Registrant:
Address:
Name of contact person:
Telephone:
Fax:
Email:

REGISTERED NAMES IN DISPUTE:

REQUIREMENTS

The Complaint shall a) be submitted in English or French; (b) be submitted in hard copy or electronic form (pdf format); (c) be accompanied by the Complaint Fee (see Schedule of Fees)

In accordance with paragraph 3 of the Rules, the complainant must:

  • ·         specify the basis on which the Complainant satisfies the CIRA Canadian Presence Requirements for Registrants in respect of the domain name to which each Registration that is subject of the Proceedings relates;
  • ·         identify the Registrar of record in respect of each Registration at the time the Complaint is submitted.
  • ·         specify the Marks on which the Complaint is based and, for each Mark, describe the goods, services, business or non-commercial activity, if any, with which the Mark has been or is used by the Complainant, or a predecessor in title, or a licensor or a licensee thereof;
  • in accordance with the Policy, but without exceeding five thousand (5000) words plus any schedules, describe the particulars of the basis for the Complaint, including in particular:
    • Why the Registrant’s dot.ca domain name should be considered as Confusingly Similar to the Mark in which the Complainant had Rights prior to the date of registration of the domain name and continues to have such Rights;
    • Why the Registrant should be considered as having no legitimate interest in the domain name as described in paragraph 3.4 of the Policy, and
    • Why the Registrant should be considered as having registered the domain name in bad faith as described in paragraphs 3.4 and 3.5 of the Policy.

The description should discuss any aspects of paragraph 3.5 and 3.5 of the Policy that may be applicable to the Proceeding;

specify, in accordance with the Policy, the remedy(s) sought;

provide a summary of, and references to, the relevant Canadian law, and if desired, indicate a preference for the application of the laws of a particular Canadian province or a territory;

provide a summary or, and references to, prior decisions in CIRA Proceedings or the dispute resolution proceedings which apply to domain names registered under any other top level domain which the Complainant considers persuasive;

request that the Complaint be submitted for decision in accordance with the Policy and the Resolution Rules;

have any Schedules, together with an index thereto, annexed; and

conclude with the certification of the Complainant in the form set out in Appendix A to the Rules, followed by the signature of the Complainant or its authorized representative

COMPLAINANTS NOMINEES TO PANEL

Complainant may nominate up to five (5) candidates taken from the list of Resolution Canada’s Panelists.

COPIES

The Complainant shall submit to the Provider five (5) hardcopies  or an electronic copy (in pdf format) of the Complaint.

COVERSHEET

We also suggest that you include a coversheet along the lines of the one suggested below to ease the process for all:

In The Matter Of A Complaint Pursuant To The Canadian Internet Registration Authority (“CIRA”)
Domain Name Dispute Resolution Policy And Rules

To the Registrant:

A Proceeding under the Canadian Internet Registry Authority (CIRA) Domain Name Dispute Resolution Policy and Rules has been initiated against you by the Complainant in respect of domain name(s): firstname.ca, secondname.ca, etc.

The Complainant has elected Resolution Canada Inc. to be the CIRA-approved Dispute Resolution Provider (“Provider”) in this proceeding.

Please note, that within twenty (20) days of the actual or deemed receipt of the Complaint, the Registrant must respond to the Complaint by filing with the Provider a Response in accordance with the Canadian Internet Registry Authority (CIRA) Domain Name Dispute Resolution Policy and Rules.