Alternative Dispute Resolution for .eu Domain Names.Keywords alternative dispute resolution Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce , .eu domain names, top-level domain (networking) top-level domain - The last and most significant component of an Internet fully qualified domain name, the part after the last ".". For example, host wombat.doc.ic.ac.uk is in top-level domain "uk" (for United Kingdom). , cybersquatters, profit, third party trademarks, bad-faith registration, trafficking, identical trademark, similar trademark Every time that a new Top-Level Domain is introduced, cybersquatters aim to profit from the goodwill of third party trademarks by the bad-faith registration and trafficking in domain names that are identical or confusingly similar confusingly similar adj. in the law of trade marks, when a trade mark, logo or business name is so close to that of a pre-existing trade mark, logo or name that the public might mis-identify the new one with the old trade mark, logo or name. to that trademark. This was particularly true in connection with the recent introduction of the .eu Top-Level Domain (TLD (Top Level Domain) The highest level domain category in the Internet domain naming system. There are two types: the generic top level domains (gTLDs) such as .com, .org, and .net, and the country codes, such as .ca, .uk and .jp. See gTLD and Internet domain name. ), which started on December 7, 2005, and is claimed to be the most successful introduction of a new TLD of all time. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the official registry EURid, there are approximately 2.4 million .eu domain names in current use, making .eu the third most registered country-code TLD in Europe (right after .de and .uk). Regardless of this quantitative success, the introduction of .eu was, above all, characterized by its extremely formalistic "Sunrise Period The term Sunrise Period refers to the period of time at the launch of a new top-level domain or second-level domain during which owners of trademarks may register a domain name containing the owned mark. ," which initially was meant to protect trademark owners, but actually allowed domain name grabbers to profit from bureaucratic mistakes both in the complex and often inconsistent legal framework provided by the European Commission as well from simple formal mistakes by the applicants themselves. Moreover, since the start of the subsequent "Landrush Period," on April 7, 2006, which now allows the registration of .eu domain names to any interested party with legal domicile within the European Union European Union (EU), name given since the ratification (Nov., 1993) of the Treaty of European Union, or Maastricht Treaty, to the European Community , a significant percentage of the 2.4 million registrations again were registered by professional cyber-squatters. As a result, many trademark owners still seek to register the .eu domain name of their first choice. They have realized that domain name matters should not always be left with IT departments, but from time to time require professional legal assistance. Scope of ADR ADR - Astra Digital Radio procedures for .eu Domain Names The most efficient way to challenge an unlawful .eu domain name registration is by filing a complaint with the Czech Arbitration Court in Prague, presently the only competent court with regard to Alternative Dispute Resolution (ADR) for .eu domain names. The ADR process is available to all clear cases of trademark infringement. A decision is usually rendered in favor of the complainant A plaintiff; a person who commences a civil lawsuit against another, known as the defendant, in order to remedy an alleged wrong. An individual who files a written accusation with the police charging a suspect with the commission of a crime and providing facts to support the allegation provided that: The disputed domain name is identical, or confusingly similar, to a name in which rights are recognized by any national and/or community law (such as registered or unregistered trademarks, company names, trade names and business identifiers, family names, and distinctive titles of protected literary and artistic works). The holder registered the domain name without holding any trademark rights or legitimate interest in a particular domain. The domain name was registered, or has been used, in bad faith. The .eu ADR process, therefore, is considerably broader than the scope of the Uniform Dispute Resolution Policy which is applicable to all generic TLDs (e.g., .com, .org, .net, .mobi) and a number of country-code TLDs (e.g., .au for Australia, .es for Spain, or .fr for France). Advantages of .eu ADR Procedures The advantages of .eu ADR procedures can be summarized as follows: Quick decisions (rendered in 8-10 weeks from the filing of the complaint); Written proceedings (mostly online) with no in-court hearings; Considerably less expense than ordinary court trials (however, there is no cost recovery); No preclusion of ordinary trials (i.e., in case of a denying decision, the complainant is still free to challenge the domain name registration before an ordinary court); and Remedies include injunctions preventing use of the domain name pending the ADR decision, and transfer of domain name ownership to prevailing complainants. Therefore, if your company desires to register a .eu domain name in which you claim to have any intellectual property rights, but which is already registered to a third party, consider filing an ADR complaint rather than a complaint with a regular court of law. In particular, do not buy domain names from cybersquatters (except for exceptional cases); this will encourage more cybersquatting Registering an Internet domain name for the purpose of reselling it for a profit. One of the more notable transactions was the domain name wallstreet.com, which was registered in 1994 for $70 and sold for one million in 1999. , in particular typosquatting (meaning misspelled domain name registrations), which can do significant damage to your trademarks. Very often, the cost of an ADR procedure will be in the range of, or even lower than, the purchase price for a domain name that reflects a valuable trademark. Copyright [c] 2007, Mayer Brown LLP LLP - Lower Layer Protocol and/or Mayer Brown International LLP. This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Mayer Brown is a combination of two limited liability partnerships: one named Mayer Brown LLP, established in Illinois, USA; and one named Mayer Brown International LLP, incorporated in England. Ms Stephanie Hartung, LLM LLM abbr. Latin Legum Magister (Master of Laws) LLM Master of Laws [Latin Legum Magister] Noun 1. Mayer Brown 71 S. Wacker Wacker may refer to:
Chicago IL 60606 UNITED STATES Tel: 3127820600 Fax: 3127017711 E-mail: dkramer@mayerbrownrowe.com URL URL in full Uniform Resource Locator Address of a resource on the Internet. The resource can be any type of file stored on a server, such as a Web page, a text file, a graphics file, or an application program. : www.mayerbrownrowe.com Click Here for related articles (c) Mondaq Ltd, 2007 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com |
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