Infringement of rights

The Regulations apply if these conditions are all met:

• You believe that an existing .nl domain name is the same as or confusingly similar to a name that you have a right to. The name that you have a right to is, for example, a trademark protected in the Netherlands, a trading name, a personal name, or the name of a government body, an association or a foundation.

• The current registrant has no right to or other legitimate interest in the domain name.

• The registrant has registered or used the domain name in bad faith.

The Regulations include examples of legitimate interest and of acting in bad faith.

Under the Regulations, the only solution ('remedy') you can ask for is that you are made the registrant of the disputed domain name, instead of the current registrant.

The dispute resolution panellists don't have the power to impose any other solution.

If the registrant doesn't respond within the time allowed, or if mediation is unsuccessful (see question 8 and following), the complainant will need to pay an administration charge and the dispute resolution panellist's fee. The amounts payable are specified in Annex 3 to the Regulations. If you hire a lawyer to help you with your case, you'll also need to pay the lawyer.

Under the Regulations, the dispute resolution panellists can't award costs or require the losing party to pay the other side’s costs. So, even if the complaint is upheld, the complainant will still have to pay the administration charge and the panellist's fee. If you hire a lawyer to help you with your case, you'll also need to pay the lawyer.

Your complaint needs to be submitted using the complaint form (Annex 1 to the Regulations). The completed form and supporting documents should be e-mailed to the WIPO Arbitration and Mediation Center ('the Center'). Practical guidance is given on the Center’s website: http://www.wipo.int/amc/en/domains/cctld/nl/index.html.

You don't have to pay anything when you send in a complaint.

On receipt of the complaint, the Center will send you an acknowledgement.

The Center will then check whether the complaint meets all the criteria set out in the Regulations, as described in the answer to question 2, above. If any criterion isn't met, you'll be given the opportunity to amend your complaint. If and when the Center is satisfied that the criteria are met, the process of considering the case begins.

The Center starts by sending copies of your complaint to the registrant and to us. We'll then put a block on the domain name's registration being cancelled or the registrant being changed.

Once notice of the complaint has gone out, the registrant has 20 calendar days to respond. The response has to be submitted using the response form (Annex 2 to the Regulations).

The completed form and supporting documents can be sent to the Center by e-mail, with a copy going to the complainant. Practical guidance is given on the Center’s website: http://www.wipo.int/amc/en/domains/cctld/nl/index.html.

The Center will then send an acknowledgement to the existing registrant and to the complainant.

There are 3 reasons why it's usually best to respond to a complaint:

1. It helps the complainant to understand why you registered the domain name, which may provide a basis for resolution of the dispute.

2. Submitting a response also allows you to make use of our mediation service, which can lead to a confidential and relatively speedy settlement of the dispute.

3. You'll be able to explain your side of the story to the mediator and, where relevant, to the dispute resolution panellist, who'll then take what you say into account when reaching a decision about the case.

The complainant needs to demonstrate that:

• the domain name is the same as or confusingly similar to a name that they have a right to use;

• the registrant doesn't have a right to or legitimate interest in the domain name; and

• the domain name has been registered or is being used in bad faith.

As the registrant, you can respond by showing that:

• the complainant does not have a right to the name; and/or

• the domain name is not the same as or confusingly similar to a name that they have a right to use; and/or

• you do have a right to or legitimate interest in the domain name; and/or

• the domain name has not been registered or is not being used in bad faith.

The Regulations give examples of the kinds of evidence that can be used.

Once a response has been submitted, the case is passed to us, and we start the mediation process. Mediation involves a specially trained mediator (working for us) contacting both sides and trying to help them resolve the dispute. Neither side has to pay anything for mediation. The process is confidential and participation is voluntary. The mediation process usually takes about 2 weeks.

If the two sides can't resolve their dispute through mediation, we write to the Center to let them know, copying in the complainant and respondent. The complainant then has 10 calendar days to pay a fixed fee to the Center. On receipt of the fee, the Center appoints a dispute resolution panellist to decide the case. The amounts payable in connection with the process are detailed in Annex 3 to the Regulations.

The dispute resolution panellist will try to decide the case within 14 calendar days. The Centre normally informs both sides and SIDN about the panellist's decision within 3 days.

The dispute resolution panellist's decision is based on the documents submitted by the 2 sides, which the dispute resolution panellist considers in relation to the criteria set out in the Regulations. In exceptional cases, the panellist may invite the two sides to explain their arguments in more detail and/or to provide additional evidence.

If the dispute resolution panellist decides in favour of the complainant, we'll transfer the domain name from the existing registrant to the complainant as requested, unless, within 10 working days of the decision being communicated to us, we receive evidence from the existing registrant that the dispute has been referred to a Dutch court of law, as provided for in Article 20 of the Regulations.

No. The Regulations themselves don't allow for appeals. However, as explained in the answer to the next question, the matter can be taken to court.

Making or responding to a complaint, as provided for in the Regulations, doesn't prevent you taking the same matter to court. You can do that before, after or at the same time as following a dispute resolution procedure.

If legal proceedings are in progress, it'll be up to the Center, the mediator or the dispute resolution panellist to decide what the implications are for the dispute resolution procedure.

If a case is decided by the dispute resolution panellist in accordance with the Regulations, and then, within 10 working days of the decision being communicated to us, we receive evidence from the existing registrant that the dispute has been referred to a Dutch court of law, we won't immediately implement the panellist's decision. Instead, we'll wait to hear the result of the court case.

The outcome is up to you and the other side. The mediator simply acts as a go-between. Nothing you say to the mediator is passed on to the panellist.

One of our mediators will call you a number of times. Depending on the workload and how easy it is to get hold of you and the other side, the process can take between three weeks and three months. Calls are usually made on working days between 8.30am and 5pm, but we can talk to you at other times by arrangement.

WIPO will appoint a panellist to decide who should have the domain name. Consideration will start once the complainant has paid the fee. If payment isn't made on time, the process is cancelled.

The mediation paperwork isn't passed on to the panellist. The case is decided purely on the basis of the complaint and response, plus any additional information that the panellist might ask for.