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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Alternative Dispute Resolution Regulations

Chapter II : Alternative Dispute Resolution Rules

5. How a registrant may indicate that domain name is not an abusive registration

 

 

Factors, which may indicate that the domain name is not an abusive registration, include –

a) before being aware of the complainant's cause for complaint, the registrant has –
i) used or made demonstrable preparations to use the domain name in connection with a good faith offering of goods or services;
ii) been commonly known by the name or legitimately connected with a mark which is identical or similar to the domain name; or
iii) made legitimate non-commercial or fair use of the domain name:
b) the domain name is used generically or in a descriptive manner and the registrant is making fair use of it;
c) that the registrant has demonstrated fair use, which use may include web sites operated solely in tribute to or fair criticism of a person or business: Provided that the burden of proof shifts to the registrant to show that the domain name is not an abusive registration if the domain name (not including the first and second level suffixes) is identical to the mark in which the complainant asserts rights, without any addition; and
d) in order to succeed in terms of regulation 4(3), the registrant must rebut the presumption by proving that the registration of the domain name is not an abusive registration.