Decision
[CASE NUMBER]
.ZA ALTERNATE DISPUTE RESOLUTION REGULATIONS
(GG29405)
ADJUDICATOR DECISION
CASE NUMBER:
DECISION DATE:
DOMAIN NAME
THE DOMAIN NAME REGISTRANT:
REGISTRANT’S LEGAL COUNSEL:
THE COMPLAINANT:
COMPLAINANT’S LEGAL COUNSEL:
THE 2nd LEVEL DOMAIN NAME
ADMINISTRATOR:
UniForum SA (CO.ZA Administrators)
Contents
1) Procedural History ...................................................................................................... 2
2) Factual Background.................................................................................................... 3
3) Parties’ Contentions ................................................................................................... 3
a. Complainant............................................................................................................. 3
b. Registrant................................................................................................................. 3
4) Discussion and Findings ............................................................................................ 3
a. Complainant’s Rights .............................................................................................. 3
b. Abusive Registration ............................................................................................... 4
c. Offensive Registration ............................................................................................ 4
5) Decision........................................................................................................................ 4
Page: Page 2 of 7
SAIIPL Decision [insert case number]
.ZA Alternate Dispute Resolution Regulations
(GG29405)
1) Procedural History
a. The Dispute was filed with the South African Institute of Intellectual
Property Law (the “SAIIPL”) on [date].
On [date] the SAIIPL
transmitted by email to UniForum SA a request for the registry to suspend
the domain name(s) at issue, and on [date] UniForum SA confirmed that
the domain name had indeed been suspended. [In response to a
notification by the SAIIPL that the Dispute was administratively deficient,
the Complainant filed an amendment to the dispute on [date amendment
first received]. The SAIIPL verified that the Dispute [together with the
amendment to the Dispute] satisfied the formal requirements of the .ZA
Alternate Dispute Resolution Regulations (the “Regulations”), and the
SAIIPL’s Supplementary Procedure.
b. In accordance with the Regulations, the SAIIPL formally notified the
Registrant of the commencement of the Dispute on [date]. In accordance
with the Regulations the due date for the Registrant’s Response was
[date]. [The Registrant did not submit any response, and accordingly,
the SAIIPL notified the Registrant of its default on [Date of notification
of respondent default]. [The Registrant submitted its Response on
[date], and the SAIIPL verified that the Response satisfied the formal
requirements of the Regulations and the SAIIPL’s Supplementary
Procedure. The SAIIPL forwarded a copy of the Response to the
Complainant on [Date that Response sent to Complainant].
c. In accordance with the Regulations the due date for the Complainant’s
Reply was [date].
[The Complainant did not submit any Reply] [The
Complainant submitted its Reply on [date].
d. The SAIIPL appointed [name] as the Adjudicator in this matter on
[date]. The Adjudicator has submitted the Statement of Acceptance and
Declaration of Impartiality and Independence, as required by the SAIIPL
to ensure compliance with the Regulations and Supplementary Procedure.
Page: Page 3 of 7
SAIIPL Decision [insert case number]
.ZA Alternate Dispute Resolution Regulations
(GG29405)
e. [If necessary, summarize other stages of the administrative proceeding,
including extensions granted and orders issued, other proceedings,
consolidation of related proceedings, language of the proceeding.]
2) Factual Background
a. [Summarize the non-contested facts, e.g., date of trademark registration,
if any.]
3) Parties’ Contentions
a. Complainant
i. [Summarize the factual and legal contentions made by the
Complainant.]
b. Registrant
i. [Summarize the factual and legal contentions made by the
Registrant.] or [The Respondent did not reply to the Complainant’s
contentions.]
4) Discussion and Findings
[State the Adjudicator’s findings under each heading with reference to the parties’
contentions,
the
Regulations,
Supplementary
Procedure
and
applicable
substantive law, including local and foreign domain name decisions. Please keep
in mind Regulation 13(3) which requires Adjudicators to provide in his or her
decision the full reference to national and foreign decisions as well as national,
foreign and international law that he or she considered.]
a. Complainant’s Rights
Page: Page 4 of 7
SAIIPL Decision [insert case number]
.ZA Alternate Dispute Resolution Regulations
(GG29405)
i. Complainant’s has rights in respect of a name or mark which is
identical or similar to the domain name in dispute. Provide full
assessment and discussion.
b. Abusive Registration
i. Was registered or otherwise acquired in a manner which, at the
time when the registration or acquisition took place, took unfair
advantage of or was unfairly detrimental to the Complainant's
rights [OR]
ii. Has been used in a manner that takes unfair advantage of, or is
unfairly detrimental to the Complainant’s rights.
c. Offensive Registration
i. The registration is contrary to law, contra bonos mores or is likely
to give offence to any class of persons
5) Decision
a. [For all the foregoing reasons, in accordance with Regulation 9, the
Adjudicator (or Panel if 3 Adjudicators) orders that the domain name[s],
[insert “domain name”(s)”] be transferred to the Complainant.] [or]
b. [For all the foregoing reasons, the Dispute is refused.] [or]
c. [For all the foregoing reasons, the Dispute is refused and the Dispute
constitutes reverse domain name hijacking] [or]
d. [For the foregoing reasons, the registration is an Offensive Registration
and must be deleted and prohibited from future registration]
Page: Page 5 of 7
SAIIPL Decision [insert case number]
.ZA Alternate Dispute Resolution Regulations
(GG29405)
………………………………………….
[NAME OF ADJUDICATOR]
SAIIPL SENIOR ADJUDICATOR
www.DomainDisputes.co.za
Page: Page 6 of 7
SAIIPL Decision [insert case number]
.ZA Alternate Dispute Resolution Regulations
(GG29405)
DECISION FORMATTING AND FORWARDING GUIDELINES – TO BE DELETED ONCE
YOU HAVE FINALISED YOUR DECISION.
Please use this Model Decision and follow these guidelines.
Formatting Guidelines
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Software: Word (.doc) or Open Office (.odt)
Font: Tahoma
Font size: 11
Spacing: 1.5
Paragraph Numbering: automatic paragraph numbering inserted
Sub-paragraph Numbering: automatic paragraph numbering inserted
Justification: Full-justified
Date Format: Day Month (in words), Year
Other: titles should be followed by a full stop, e.g., Mr., Ms., etc.
Please always spell Complainant, Registrant, Dispute, Response, Reply and Adjudicator
with Capitals.
Forwarding Procedures: Single Adjudicator
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Forward a draft of the Decision by e-mail to [email protected] for a format
check by the Administrator. The transmittal e-mail message should clearly indicate that
the version being sent is a draft.
The Administrator will return the Decision fully formatted;
Download and printout the final version;
After verifying the text of the Decision, confirm to the Administrator by return e-mail that
the Decision is being formally submitted for notification to the parties;
Send a signed and dated version of the decision to (012 803 4697) by fax or preferably
by scanned copy to [email protected];
Do not send a signed original hardcopy to the SAIIPL, but rather retain this in your own
file should the need arise for it later;
Log into your Adjudicator Panel, click on the relevant case awaiting your Decision and
upload the information as requested. Once you hit “Submit” the case will be assigned to
the Administrator who will upload further information, including a PDF version of the
Decision, after which the Administrator will activate this Decision for public display on
www.domaindisputes.co.za.
Forwarding Procedures: Three-Member Adjudicator Panel
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The Presiding Adjudicator should forward a draft of the Decision by e-mail to
[email protected] for a format check by the Administrator. The transmittal email message should clearly indicate that the version being sent is a draft reflecting the
views of all three Adjudicators.
The Administrator will return the Decision fully formatted to each Adjudicator.
Each Adjudicator should download and printout the final version and after verifying the
text of the Decision, the Co-Adjudicators should confirm their assent to the Presiding
Adjudicator.
The Presiding Adjudicator should confirm to the Administrator by e-mail that the Decision
is being formally submitted by the Adjudicator Panel for notification to the parties.
Each Adjudicator should separately send a signed and dated version of the Decision to
(012 803 4697) by fax or preferably by scanned copy to [email protected];
Do not send a signed original hardcopy to the SAIIPL, but rather retain this in your own
file should the need arise for it later;
Page: Page 7 of 7
SAIIPL Decision [insert case number]
.ZA Alternate Dispute Resolution Regulations
(GG29405)

The Presiding Adjudicator should log into his/her Adjudicator Panel, click on the relevant
case awaiting Decision and upload the information as requested. Once you hit “Submit”
the case will be assigned to the Administrator who will upload further information,
including a PDF version of the Decision, after which the Administrator will activate this
Decision for public display on www.domaindisputes.co.za.