Domain Name Registration

• SIDN (Stitching Internet Domeinregistratie) registers second level domain names .nl
• private non-profit organization.

• In NL only via Internet Service provider: agent a second level domain name can be registered.

[protocol]://[subdomain][second-level domain name].[top level domain name]

• Any legal entity with registered office in NL can have a domain name via agent.
• applicant has to sign indemnification statement.
• Private person can have domain name.
• Natural person not practicing profession or business, resident of NL can have a domain.
• Whois register searchable on domain name
• Applicant can act against other use of that domain when he registered trademark

Reasons For cancellation

• applicant does not comply with the regulations of SIDN
• registration was accomplished by means of fraud or deception in the application.
• the relative personal domain name turns out to be the applicant's second or subsequent personal domain name (he is allowed only one)
• the registration auth has received an auth copy of a judgment declared provisionally enforeable or a non appealable final judgement to this effect.
• the agent involved is no longer a participant in the registration auth.
• the applicant no longer has an agent.
• the applicant has decesased.
• the applicant of a corporate domain is no longer inclded in a register.
• the data included in the register are no longer correct and the agent in question after being notified fails to correct these data withing five working days.
• the agent does not possess on or several of the documents required by the foundation.

Licensing and transfer of domain names:

• can transfer rights to third party under laws of Netherlands, domain agreement
• new applicant has to sign indemnification, both have to sign the form.

Domain name dispute resolution

trademark protection

• trademark registration in benelux
• if applicant registers domain name with benelux label, trade mark owner can go against if:
  • applicant has no valid reason for use.
  • applicant uses domain name commercially.
  • registration of domain name brings applicant unjust advantage.
  • if similar domain name causing confusion it can be considered an infringement.

Infringement

• Personal names cannot rely on benelux trademark, rely on dutch trade name act.

• Legal entities in case of their domain name used so confused or mislead can rely on: tort law.

• Domain name disputes can be dealt through summary proceedings

• avg duration summary is 2 weeks

• avg duration of full scale is 14 weeks

• foreign complaints can be at dutch courts if they find dutch attorney

• in nl registration auth or agents cannot solve disputes

• may have a procedure based on ICANN internet coop for assign

• Infringment of intellectual property rights, tort or contract