We are regularly asked to assist with the ‘recovery’ of a domain name. Various situations may arise. For example, someone may have allowed their domain name to expire, after which it is re-registered by another party. Or someone who is ‘not familiar with these matters’ may place their domain name with a web developer who then registers themselves as the holder. Another common scenario is a trade mark owner who operates only within the Benelux and has never considered registering their trade mark with a .eu extension. When they eventually try to do so, they find that the domain name is already taken. What can be done?
No courts: fast, cost-effective and clear
Domain name procedures, as described here, are administrative in nature. They offer an alternative form of dispute resolution and therefore take place outside the courts. You are not required to engage an attorney at law, the process is relatively fast and cost-effective, and there is no need to attend court as everything is handled online. That said, there is a structured framework of rules, further developed through prior decisions. This framework is now highly comprehensive. Even the most unusual domain names and websites have already been assessed by arbitrators, meaning there is ample precedent available.
The toplevel domain as the starting point
The first step is to identify the top-level domain, sometimes referred to as the extension. Is it a country code toplevel domain, such as .nl or .be, or a generic toplevel domain, such as .com or .store? This distinction determines the applicable framework (the policy, effectively the governing rules) and therefore the requirements that must be met to obtain or recover the domain name.
The procedure itself
Under this framework, it is usually necessary to submit a complaint setting out why the claimant is entitled to the domain name. This complaint, together with supporting evidence, is submitted to the arbitrator. The domain name holder is then given the opportunity to respond and demonstrate that they have a legitimate right to the domain name. For .nl domain names, a mediation phase is initiated at this stage. In practice, it is often the case that the holder does not submit a response. In such situations (or if mediation fails), the arbitrator will issue a decision. The arbitrator determines whether the domain name should be transferred. The decision is then sent to the registrar, the reseller and the technical administrator of the domain name. The registrar ensures that the domain name is transferred where the arbitrator’s decision requires this.
Timeframe
From initiation to decision, the process typically takes several months. Under certain conditions, it is possible to expedite the procedure. Costs vary significantly depending on the complexity of the case, the number of domain names that can be included in a single procedure, the level of investigation required, the evidence to be gathered, and the number of arbitrators appointed.
If you would like to learn more about domain name dispute procedures or how we can assist you, please contact us.
