Intructions

Stampa

Introducing a compliant / Sending a repleader

Introducing a complaint

To introduce a complaint and start the Re-assignation Procedure of the domain name “.it” through the Dispute Resolving Service (DRS) Tonucci & Partners, one must follow the steps described below.

Preliminary checks on the domain name

Consulting the Registry’s database at http://www.nic.it/cgi-bin/StatoReg/index.cgi to determine the state of registration of a domain name, one may verify the exact boundaries of the actual Registrant of the domain name. In this way, an estimate of the presumed existence of the right to use the domain name on the part of the assignee (who is the subject against whom the complaint is presented) is obtained. Obviously, whoever intends to present the complaint should first determine if the right to the domain name indeed exists.

Formal challenging of the domain name

Anyone may challenge domain names assigned in use to third parties through the Registry. The complainant sends to the Registry a registered letter with return receipt containing the complainant's details, the challenged domain name, the reasons for dispute, the damage suffered or the rights he/she deems damaged. The letter must be addressed to:

Istituto di Informatica e Telematica del CNR
Registro del ccTLD ".it"
Via Giuseppe Moruzzi, 1
I-56134 PISA

The formal disputation of the domain name is mandatory and it is a compulsory pre-requirement to start the Re-Assignation Procedure: only challenged domain names can be object of the Re-Assignation Procedure.

Filing a complaint

With a formal disputation, in order to initiate the Re-Assignation Procedure of the challenged domain name a complaint must be filed. The complaint can be edited on paper without formal requirements, following the criteria provided by the Regulations for the resolution of disputes in the ccTLD “it”.

If the complainant does not want to independently draft the complaint or cannot do so, he or she may use the form supplied free of charge by the Dispute Resolving Service (DRS) Tonucci & Partners. The form already is compliant with the requirements set forth in the Regulations for the resolution of disputes in the ccTLD “it” Instructions regarding the content of the complaint, the selection of the experts, and the presentation of the complaint can be found in the appropriate section. The forms —both for the presentation of the complaint and for the drafting of the repleader - can be downloaded in the appropriate section "Forms".

The complaint and the eventual attachments must be sent to the Dispute Resolving Service (DRS) Tonucci & Partners on hard copies and via email in any format (except the unreproducible attachments). The paper copy should be sent with a letter recommended A/R to Dispute Resolving Service (DRS) Tonucci & Partners -Via Principessa Clotilde n.7 - 00196 Roma. The electronic copy should be addressed to disputes@tonucci.com.

Every copy should contain the fundamental elements illustrated in article 4.2 of the Regulations for the resolution of disputes in the ccTLD “it”


Payment of the Fees

The costs of the Procedure are exclusively charges of the complainant. The initial fees must be paid in advance: the Dispute Resolving Service (DRS) cannot begin the Procedure until receipt of payment. For further information please see the section “Fees”.

Selection of experts

If the complainant does not request the appointment of a board of three experts, the Dispute Resolving Service (DRS) Tonucci & Partners will provide a single-member board composed of only one expert, selected from the List of Experts assembled by the Body.

If the complainant requests instead that the controversy is resolved by a board of three experts, the Dispute Resolving Service (DRS) Tonucci & Partners nominates experts for the Party, one selected among names indicated by the complainant and the other selected among names listed by the defendant. The third expert, in all cases, is nominated by the Dispute Resolving Service (DRS) Tonucci & Partners, which selects a name out of five candidates (included in the List of Experts) presented before the two Parties. The selection among the five candidates is made with an effort to meet the preferences of each member of the two Parties. From the moment of receiving the above list, each member has five days to specify his or her preference.

The board is considered composed when the Dispute Resolving Service (DRS) Tonucci & Partners receives acceptance of the nomination by the expert in the case of a single-member board or by the third expert in the case of a board composed of three experts.

Once the board is composed, the nominees and the date in which the decision will be made will be communicated to the Parties.

Within 25 days from the starting date of the Procedure the defendant can send his or her own repleader to the Dispute Resolving Service (DRS). In the absence of this repleader within the stated term, the board of experts constituted by the Dispute Resolving Service (DRS) Tonucci & Partners settles the controversy on the basis of the complaint only, except under exceptional circumstances.

The repleader and the eventual attachments should be sent to the Dispute Resolving Service (DRS) Tonucci & Partners in hard copy and in electronic form, in any format (except the unreproducible attachments).

Sending a repleader

Within 25 days from the starting date of the Procedure the defendant can send his or her own repleader to the Dispute Resolving Service (DRS). In the absence of this repleader within the stated term, the board of experts constituted by the Dispute Resolving Service (DRS) Tonucci & Partners settles the controversy on the basis of the complaint only, except under exceptional circumstances.

The repleader and the eventual attachments should be sent to the Dispute Resolving Service (DRS) Tonucci & Partners in hard copy and in electronic form, in any format (except the unreproducible attachments).

The paper copy is sent with a registered letter to Dispute Resolving Service (DRS) Tonucci & Partners –Via Principessa Clotilde n.7 –00196 Roma. The electronic copy must be addressed to disputes@tonucci.com.

Each copy should contain the fundamental elements illustrated in article 4.6 of the Regulations for the resolution of disputes in the ccTLD “it”

IFor further information, send requests to disputes@tonucci.com

Contact the Department

For further information, please contact the Department at disputes@tonucci.com

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