Donuts has developed its own policy and rules, which reflect the requirements of the ICANN Applicant Guidebook.
Donuts is operating an end-date Sunrise process, meaning that Sunrise allocations will only be made at the end of the Sunrise period. For more information, please see Donuts’ website.
Any person may bring a complaint. There is no strict requirement to show “standing” (ie a threshold to raise a complaint). However, there is a provision allowing the Panellist or Donuts’ discretion to refuse to handle vexatious complaints. The Policy sets out non-exhaustive indicators of what may be a vexatious complaint.
To prevail in the Sunrise Dispute Resolution Process, a complainant will have to show that it satisfies one of the following criteria:
a) at the time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty;
b) the domain name is not identical to the mark on which the registrant based its sunrise registration;
c) the trademark registration on which the registrant based its sunrise registration is not of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty;
d) the trademark registration on which the domain name registrant based its sunrise registration did not issue on or before the effective date of the Registry agreement and was not applied for on or before ICANN announced the applications received;
e) the Sunrise registrant does not meet the “in-use” standard;
f) the SMD File used to complete the Sunrise registration was fraudulently obtained and/or submitted; or
g) a registry process error occurred that resulted in an incorrect Sunrise registration.
To defend a case successfully, you will need to show that the Complainant has failed to make out the ground(s) on which it relies (NB the standard of proof).
Panellists will apply the criminal standard of proof (“clear and convincing evidence”).