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URS Question #9

9a. Are penalties for Complainant or Respondent who abuses the URS process sufficient?

9b. If not, should they be expanded?

9c. If they should be expanded, how?


Per Section 11.4 and 11.5 of the URS Procedure, the penalties for abusive complaints are: 

  • 11.4 In the event a party is deemed to have filed two (2) abusive Complaints, or one (1) “deliberate material falsehood,” that party shall be barred from utilizing the URS for one-year following the date of issuance of a Determination finding a complainant to have: (i) filed its second abusive complaint; or (ii) filed a deliberate material falsehood.
  • 11.5 Two findings of “deliberate material falsehood” shall permanently bar the Complainant from utilizing the URS.


Context:

All three URS Providers reported that there have been no abusive Complaint findings made in any URS Determination, and the Working Group did not find any instance of the penalty for abusive conduct being levied. Only FORUM has handled cases where the Respondent alleged an Abuse of Process by the Complainant, but no abuse was found by the Examiner. The URS Procedure has established penalties for abusive Complainants, but no penalties for abusive Respondents. The Working Group seeks public comment on the adequacy of penalties for abuses in the URS process. 

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