Rights Protection Against the Operation and Use of New gTLDs by the Registry Operator

The characteristic feature of this dispute mechanism is that it gives trademark holders the opportunity to file a complaint directly against a registry operator responsible for running a gTLD (as opposed to a domain name registrant or registrar) for its improper conduct either at the top or second level.

Structure and Organization of the Domain Name System

Although the Internet has no cross-organizational, financial, or operational management responsible for the entire Internet, certain administrative tasks are coordinated centrally. Among the most important organizational tasks that require global regulation is the management of Internet Protocol (IP) addresses and their corresponding domain names. The IP address consists of an existing 32 bit (IP4) or 128 bit (IP6) sequence of digits and is the actual physical network address by which routing on the Internet takes place and which will ensure that the data packets reach the correct host computer.

Netherlands (‘.nl’)

In the Netherlands, there is no legislation dealing with the registration and use of domain names. Domain name conflicts are therefore decided on the basis of existing laws, such as laws regarding the protection of trademarks and trade names and tort law. Domain name conflicts often lead to court proceedings, resulting in over 500 decisions rendered by first instance courts so far and more than 90 decisions rendered by appeal courts.

Italy (‘.it’)

Statutory provisions dealing specifically with domain names are found in the Codice della Proprietà Industriale (‘the CPI’),1 ss 12(1)(c), 22, 118(6), and 133. Sections 12(1)(c) and 22 define the scope of trademark protection. In doing so, they also consider interference with domain names that are used in the course of a business activity (nomi a dominio aziendali). Sections 118(6) and 133 deal with remedies for trademark infringements and make explicit reference to domain names as well. Besides these specific rules, conflicts before the Italian courts based on domain name registrations are to be resolved according to the general rules of trademark, competition, and civil law.

Czech Republic (‘.cz’)

Czech national law belongs to the Continental (Civil) law family and, similar to other national laws sharing the Roman tradition, there is a hierarchy of legal sources and norms with a strong drive towards legislation and codification.

Alternative Dispute Resolution for ‘.eu’

After the positive impact made by the UDRP in terms of providing an expedient remedy for cases of abusive domain registration, the EU legislature was moved to consider how an ADR mechanism might be adapted to meet the needs of the ‘.eu’ ccTLD space.

Sweden (‘.se’)

Trademark protection in Sweden can be obtained by use, by a national Swedish trademark registration, by a Madrid Protocol registration covering Sweden, and/or by a Community Trademark registration.

Cyprus (‘.cy’)

‘.ac.cy’ for academic and research institutions;

France (‘.fr’)

For a trade mark to enjoy protection in France, two substantive requirements must be met: first, the trade mark must be capable of being represented graphically, and secondly, the trade mark must be capable of distinguishing the products or services of a natural or legal person.