From 29 January 2003, SIDN (click here to access the website), the national registry for .nl domain names, will open up .nl domain names to groups and private individuals from around the globe and will introduce an arbitration procedure for the recovery of .nl domain names from cybersquatters. This development is of particular interest to trade mark and brand owners wishing to establish a presence in the Netherlands or challenge the registration of an infringing .nl domain name.
Removing territorial restrictions
Under the current rules, .nl domain names may only be registered to legal persons established in the Netherlands. The new rules will lift this territorial restriction and enable non-Dutch persons to register domain names within the .nl domain.
New arbitration procedure
In line with a growing number of national domain name registries which offer dispute resolution, SIDN is also introducing a new arbitration procedure to provide trade mark owners with a relatively cheap and quick method of challenging the registration of a disputed .nl domain name: at present, the only way to dispute a .nl domain name is by bringing court proceedings against a registrant.
Under the new arbitration procedure, a claimant will need to establish that by registering and / or using the .nl domain name, the registrant is infringing the claimant's Benelux or Community trade mark and / or trade name. The WIPO Arbitration and Mediation Center has been appointed to administer the arbitration procedure and, depending on whether a single arbitrator or a panel of three arbitrators is appointed, the fee will be GBP 1,450 (EUR 2,250) and GBP 2,950 (EUR 4,500) respectively. Under the new arbitration procedure, a decision may be appealed and, unlike other domain name dispute resolution procedures, a claimant may seek to recover its costs from the domain name registrant.
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For further information, please contact Susan Barty by telephone on +44 (0)20 7367 2542 or by e-mail at [email protected], Simon Moran by telephone on +44 (0)20 7367 3680 or by e-mail at [email protected], or Lisa Benjamin by telephone on +44 (0)20 7367 2328 or by e-mail at [email protected]
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