A trademark proprietor can oppose any commercial use made of its trademark, if there is a likelihood of confusion about the party behind the domain name or the products or services offered under that name.
Speed often is of the essence for transferring or claiming a domain name. Hence, an alternative has been developed: 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 Policy (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 institute proceedings, or are confronted with a claim on your domain name.
A domain name is nothing more than the address of a website. In technical terms: a name that is linked to an IP address via the DNS (Domain Name System). While anyone can register a domain name, this is subject to the ‘first come, first served’ rule.
In practice, all aspects relating to applying for, moving or cancelling domain names are governed by contracts between SIDN or another registry (e.g. VeriSign for .com domain names), the applicant/holder of the domain name and the registrar (the intermediary who registers the domain name with the registry).
Domain name by name
One of the ways to register a domain name is through your hosting company. The hosting company will then conclude a contract with SIDN and the domain name will be registered to your company. Web developers can also register a domain name. If you are a web developer, you can obviously do this on your own behalf, but also for your customers. It is important that clear agreements are made about this. As a web developer, are you going to you register the domain name to your company and grant the customer a right of use, or register the domain name directly to the customer? These are important questions in the event of a dispute. Control of the domain name rests with the party to which the domain name is registered.
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