Whoever wants to start a dispute resolution today because he thinks his trademark is being violated, better makes sure he has plenty of time and sufficient financial resources. The .ie registry believes this process can be simplified and therefore introduces an alternative process from July 1st 2019 onwards.
If you now want to start a dispute resolution, you must be able to demonstrate the following:
– the domain name of the third party shows confusing similarities with your trademark AND
– the other party has no rights in this name AND
– the domain name was registered by the other party in bad faith
After you’ve done all this, it will be taken into consideration by WIPO (World Intellectual Property Organization) and ultimately they’ll make a decision.
IEDR (.ie-registry) wants to make this all a bit easier, which is why they decided to introduce an alternative process for this dispute resolution on 1 July 2019.
This new, alternative process makes it easier and less expensive for the various parties to raise the registration and misuse of a .ie domain name.
The process can be used at a wide range of dispute types, such as online imitation, domain disputes between competing business, defamation,…
How does this process works?
Anyone wishing to start up a dispute for a .ie domain name, is encouraged to use this new, optional mediation service. A recognized specialist will advise on the dispute and declare the complaint admissible or withheld.
If the complaint is found to be admissible, the complainant may request that the domain name is transferred or deleted.
Because owners of a .ie domain name already meet the .ie registration criteria (namely a provable connection to Ireland and accept the .ie terms and conditions), the burden of proof lies entirely with the complainant. The complainant must also demonstrate a provable connection with Ireland.
David Curtin, CEO of IEDR is already enthusiastic about this alternative procedure. “A dispute resolution is mainly based on multiple core principles: fair play and a fair process, the use of the best practice, an appeal procedure, and an independent, neutral service provider. Our new procedure offers all of this and we believe that this will help deal with such matters efficiently and fairly,” says Curtin.
Even with this simplified procedure the .ie registry doesn’t expect to receive more complaints than before, because all registrants already meet all registration criteria. The fact that the burden of proof is entirely on the complainant will, according to the .ie registry, also help to reduce the number of false complaints.
Next to this procedure, the existing, formal dispute resolution will of course remain intact.