A domain name dispute is a conflict about the registration or use of a domain name corresponding to someone else’s trade mark or trade name. A fast out-of-court procedure exists for such conflicts alongside going to court.
Legal basis
There is no dedicated statute for domain names. Claims rest on trade mark law under the EU Trade Mark Regulation and the Benelux Convention on Intellectual Property, on the Dutch Trade Names Act, and on tort under Article 6:162 of the Civil Code. For .nl domains SIDN operates a dispute resolution procedure, administered by the arbitration centre of the World Intellectual Property Organization. The complainant must show three things: that the domain name is confusingly similar to its trade mark or trade name, that the holder has no right or legitimate interest, and that the name was registered or is being used in bad faith. For generic domains such as .com the comparable UDRP procedure applies.
How it works in practice
The procedure is conducted in writing and produces a decision within weeks, which can only order transfer or cancellation of the domain name; damages are not available. That makes it attractive in clear cases of typosquatting and for names used only to redirect to advertising. Where there is a genuine dispute about rights, or where damages are also wanted, preliminary relief proceedings are more appropriate.
Where it goes wrong
Complainants fail to substantiate bad faith, when that element carries the case. A second error is pursuing a holder using the name descriptively, who therefore has a legitimate interest. Third, it is forgotten that the decision does not prevent a later application to the courts.
Related terms
The dispute connects to copyright, to tort and to notice and takedown.
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