gTLD DOMAINS DISPUTE RESOLUTION POLICY

Currently, international domain name disputes based on business names are an extremely common phenomenon. The cause of dispute may be due to duplication and similarity between business names; Competitors register domain names to control each other or register to resell for profit. Depending on the cause, policy and mechanism for resolving international domain name disputes, there are different handling methods: domain names can be kept with the same owner, canceled or transfered, ... 

Dispute resolution:

  • Through negotiation and mediation.
  • Through Arbitration.
  • File a lawsuit in Court.

In ICANN's gTLD domain dispute resolution policy the required procedures for dispute litigation include:

1. The defendant is required to participate in the proceedings when it involves the following 3 cases.

a. The Complainant's domain name is identical or confusingly similar to the trade mark (trademark) or service mark to which the Complainant is the right holder.

b. The defendant has no legal rights or interests in that domain name; and

c. The domain name that the Complainant has registered and is using for malicious purposes. The complainant must simultaneously present all three conditions mentioned above in the complaint.

2. Evidence for registration and use for malicious purposes in (but not limited to) the following cases:

a. The respondent has registered or acquired the domain name solely for the purpose of selling, leasing or otherwise transferring the domain name registration to the complainant, the trademark or service mark owner or to a competitor. of the complainant for a large amount of money that exceeds the expenses that the respondent directly spent on that domain name.

b. The respondent registered the domain name to prevent the owner of the trademark or service mark from reflecting that mark in the corresponding domain name or the respondent acted with such a purpose; or

c. The defendant registered the domain name with the purpose of preventing the business of competitors; or

d. The defendant uses the domain name to intentionally attract the attention of commercial Internet users to his Website or to another online address, by creating a confusingly similar name. The plaintiff's label makes Internet users confused with the original Web site, thinking that the defendant is the plaintiff's sponsor, an affiliate, or has received consent from the plaintiff.

3. How can the Complainant prove his/her legal rights and interests in the domain name to the Complainant: The following cases (but not limited) will prove to the Complainant:

a. Before receiving the notice of dispute, the respondent used or demonstrated that he was about to use the domain name or name corresponding to the domain name in connection with the actual supply of goods or services. ; or

b. The defendant is known to the public through that domain name and the defendant does not even have trade mark or service mark rights; or

c. The defendant is using the domain name legally and not for commercial purposes or is using the domain name in an honest and fair manner, with no commercial intention to mislead consumers or tarnish its image. of the trademark or service mark against which the plaintiff is suing.

After ratifying the UDRP, ICANN appointed the following 4 organizations to provide international domain name dispute resolution services:
  • World Intellectual Property Organization (WIPO)
  • National Arbitration Forum (NAF)
  • CPR Company
  • eResolution Company

Based on the effectiveness of the issued unified international domain name dispute resolution policy, ICANN has encouraged all top-level domain management organizations to apply or develop a policy to resolve complaints related to domain names. regarding international domain name disputes according to unified practices to create harmony and uniformity in practices in the process of resolving complaints about domain name disputes.

Typical cases resolving gTLD domain disputes: See here


P.A VIET NAM - gTLD DOMAINS NAME DISPUTE HANDLING PROCESS

Step 1: When receiving complaint information from the Arbitration Center (or dispute resolution agency), request to provide domain name owner information, keeping the domain name status quo.
P.A Viet Nam will do:
- Provide information upon request of the Arbitration Center.
- Lock the domain name to keep the status quo.

Step 2: When the arbitration center notifies the complaint and sends the plaintiff's complaint to the defendant, P.A Vietnam and requests the defendant to respond within 20 days.
P.A Vietnam will carry out:
- Find out complaint information.
- Notify the disputed domain name owner and instruct the domain name owner to respond to the Arbitration Center within 20 days.
  
Step 3: When the arbitration center sends notice of the decision to the parties, the registration agency and ICANN.
P.A Vietnam will carry out:
- Notify the results of the Arbitration Center's decision to the domain name holder.
- Based on the content of the decision, guide the domain name owner to confirm and agree with these decisions.

Step 4: Implement the decisions of the Arbitration Center.

Step 5: Finish
Log and save records related to disputed domain names.

 

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