Domain Name Lawyer for UDRP, .be, .nl, .fr, .eu & Other Disputes

Finnian & Columba advises trademark owners, businesses and domain name registrants on the acquisition, protection and recovery of domain names in Belgium and internationally. We assist clients with domain name negotiations, transfers and disputes, including cases involving alleged cybersquatting and trademark infringement.

We represent both complainants seeking the transfer of a domain name and domain name holders defending a complaint. Our work includes UDRP and URS proceedings, Belgian .be domain name disputes before CEPANI, .eu ADR proceedings and disputes concerning other country-code domain names, including .fr, .nl, .co.uk, .ai and .io. Where appropriate, we also represent clients in domain name proceedings before the Belgian courts.

How can we help with a domain name dispute?

A trademark owner does not automatically have the right to obtain every domain name corresponding to its trademark. Before initiating proceedings, it is important to examine the applicable dispute resolution policy, the parties’ respective rights, the history and use of the domain name, and the available evidence of bad faith or legitimate interests.

We can assist you with:

• assessing your chances of recovering or retaining a domain name;
• investigating the registration and use of a disputed domain name;
• advising on the evidence, costs and risks of a complaint or response;
• negotiating the purchase, sale or transfer of a domain name;
• preparing and filing UDRP and URS complaints and responses;
• bringing or defending .be domain name proceedings before CEPANI or the Belgian courts;
• bringing or defending .eu and country-code domain name proceedings such as for fr, .nl, .co.uk, .ai and .io. domains;
• responding to cease-and-desist letters and settlement proposals; and
• seeking a finding of reverse domain name hijacking where appropriate.

A preliminary legal assessment is particularly advisable before contacting the domain name holder. Communications and offers made during negotiations may later become relevant evidence in domain name proceedings.

Which domain name procedure applies?

The appropriate procedure depends principally on the domain name extension, the parties involved and the remedy sought.

The UDRP applies to .com, .net, .org and many other generic top-level domains. A successful complainant must establish trademark rights, the absence of rights or legitimate interests on the part of the registrant, and registration and use of the domain name in bad faith.

Disputes concerning Belgian .be domain names may be submitted to CEPANI under the .be alternative dispute resolution policy or to the Belgian courts. Disputes concerning .eu domain names are governed by a separate European ADR procedure before the World Intellectual Property Organization (WIPO) or the Czech Arbitration Court (CAC). Other country-code domains, including .nl, .fr, .co.uk,.ai and .io, are subject to their own rules.

Court proceedings may be more appropriate where a party seeks damages or an injunction, where the case involves broader trademark or unfair-competition issues, or where the dispute falls outside the relatively narrow scope of an administrative domain name procedure.

Experience as counsel and domain name panelist

Finnian & Columba has extensive experience representing clients in domain name disputes before Belgian courts and national and international dispute resolution providers, including WIPO, Forum, CEPANI, the Czech Arbitration Court, the Asian Domain Name Dispute Resolution Centre and the Canadian International Internet Dispute Resolution Centre.

Bart Van Besien also has extensive experience as an independent domain name panelist and has decided more than 200 domain name cases. He has served as:

• a Third Party Decider at Cepani (in .be domain name disputes);
• a Panelist at Forum (National Arbitration Forum – USA) (in disputes concerning .com, .net, .org, new domain names, etc.);
• a Panelist at the Czech Arbitration Court (in .com, .net, .org, etc.);
• a Panelist at the Asian Domain Name Dispute Resolution Center (Beijing, Hong Kong, Seoul, Kuala Lumpur) (.com, .net, .org, etc.).
• a Panelist at the Canadian International Internet Dispute Resolution Centre (CIIDRC) (Canada) (.com, .net, .org, etc.).

This combination of experience—deciding domain name disputes and representing parties in such proceedings—provides an understanding of the evidence and arguments that may determine whether a complaint succeeds or fails. It also enables us to identify the strengths and weaknesses of a case and to advise on the approach offering the best balance between prospects of success, speed, costs and risks.

Guides on Domain Name Disputes

Our articles examine the principal procedures and legal questions that arise when seeking to recover or retain a disputed domain name:

• Domain Name Disputes: How to Claim a Domain Name? An introduction to the UDRP and the conditions a trademark owner must establish to obtain the transfer of a domain name.
• How to claim back a .eu domain name? An explanation of the ADR procedure and other options available for recovering a European .eu domain name.
• How to claim a .be domain name? A guide to Belgian .be proceedings before CEPANI and domain name litigation before the Belgian courts.
• How to claim a .nl domain name? An introduction to the requirements, procedure and costs of a Dutch .nl domain name dispute before WIPO.
• .io and .ai domain names: what are the legal rules? An overview of the dispute resolution rules applicable to .io and .ai domain names.
• Cultural Heritage & Mythology in Domain Name Disputes: Legitimate Interests, Bad Faith, and Targeting’ Can a trademark owner claim a domain name when the trademark consists of the name of a mythological figure, historical object or other culturally significant concept? This article examines how panels distinguish legitimate registration from targeting and cybersquatting.

Considering a domain name complaint or response?

If you wish to recover a domain name, defend your registration or negotiate a domain name acquisition, we can first provide an assessment of the applicable procedure, your chances of success and the likely costs and risks.

Contact Finnian & Columba for advice on a domain name dispute.