Dispute Resolution Regulations for .nl Domain Names updated
Geographical indications added to protected types of name
Geographical indications added to protected types of name
A new version of the Dispute Resolution Regulations for .nl Domain Names took effect on 1 September 2024. The regulations offer a quick and affordable alternative to using the law courts to settle disputes involving domain names and intellectual property rights. An explanation of how the revised regulations differ from the old ones is given below.
The protected types of name referred to in Articles 2 and 3 of the regulations now include geographical indications that are explicitly protected under Dutch law. So, for example, the name ‘Gouda Holland’ is now covered, as a protected geographical indication for a particular type of cheese. Inclusion of such indications anticipates an upcoming change to the law in the Netherlands. Under the revised regulations, a claim based on a protected geographical indication will be assessed in the same way as a claim based on a brand name or one of the other protected types of name. That implies that the claimant must demonstrate not only that the disputed domain name is identical or confusingly similar to a geographical indication to which the claimant holds the rights, but also that the current registrant has no right to or legitimate interest in the domain name, and that the domain name has been registered or is being used in bad faith.
Article 20.1 was always intended to ensure that the registrant of a disputed domain name could not be changed until the dispute had been resolved. A dispute may be considered resolved if the opposing parties agree a settlement, or if a court of law makes a ruling on the case, which is not liable to appeal or cassation. The wording of Article 20.1 has been revised to make its original intention clearer.
In the definitions, the name ‘Foundation for Internet Domain Registration in the Netherlands’ has been replaced by 'SIDN B.V.'. The reason being that, with effect from 1 January 2023, the Foundation has transferred various activities, including operation of the .nl domain, to its subsidiary SIDN B.V.. Hence, all registration contracts are now with SIDN B.V..
For more information about the Dispute Resolution System, see our webpage ‘Infringement of rights’.