Disputes on domain names, trademarks or trade names occur regularly.
Disputes can even happen if the domain name is registered and used in good faith. For example, a trademark holder can oppose any commercial use made of its trademark. The trademark holder can do this if there is a likelihood of confusion about the party behind the domain name or the products or services offered under that name.
Speed is of essence when transferring or claiming a domain name. Hence, an alternative to (often slow) court procedures is offered in domain name disputes: arbitration. Domain names are administered by SIDN (for .nl domain names) or ICANN (for .com, .net, .org and other international domain names). These organisations require domain name users (and their providers) to cooperate in special arbitration proceedings for domain name disputes.
Under the Uniform Domain-Name Dispute-Resolution Procedure (UDRP) a party that believes it has a greater right to a domain name may file its claim with the arbitration committee
at the World Intellectual Property Organization (WIPO) or the National Arbitration Forum.
Legal ICT has many years of experience in claiming and defending domain names on the basis of trademark rights, trade name rights or other grounds. Ask for expert advice if you wish to dispute a domain name or are confronted with a claim on your domain name. For our other services regarding domain names, visit our domain name service page.
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