A party that believes it is entitled to a .nl domain name does not necessarily have to bring proceedings before the Dutch courts immediately. The Dispute Resolution Regulations for .nl Domain Names provide a specialised, predominantly written procedure through which a change of registrant can be obtained. A registrant against whom such a complaint is filed can also defend the domain name under this procedure.

 

The proceedings are administered by the WIPO Arbitration and Mediation Center. SIDN, the registry for the .nl domain, locks the domain name during the proceedings and implements any resulting decision. SIDN does not itself decide the merits of the dispute.

 

This article explains:

• how a complainant can claim a .nl domain name;
• how a registrant can defend a domain name against a complaint;
• how the WIPO and SIDN procedure works;
• the role of mediation;
• the cost of proceedings concerning a .nl domain name; and
• how a decision ordering a change of registrant is implemented.

 

When can you claim a Dutch .nl domain name?

 

Under the Dispute Resolution Regulations for .nl Domain Names, a complainant must establish three requirements. These requirements are cumulative, meaning that all three must be satisfied.

 

1. The .nl domain name is identical or confusingly similar to a protected name

 

The .nl domain name must be identical or confusingly similar to:

• a trademark, trade name or geographical indication protected under Dutch law;
• a personal name registered in the General Municipal Register of a municipality in the Netherlands;
• the name of a Dutch public legal entity; or
• the name under which an association or foundation registered in the Netherlands undertakes public activities on a permanent basis.

 

The complainant must have rights in the name on which the complaint is based.

 

Not every similarity is sufficient. The assessment will consider, among other factors, whether the protected name is recognisable in the domain name. The addition of descriptive words, a hyphen or other terms does not necessarily avoid confusing similarity.

 

2. The registrant has no rights to or legitimate interests in the .nl domain name

 

The complainant must also demonstrate that the current registrant has no rights to or legitimate interests in the .nl domain name.

 

A registrant may demonstrate rights or legitimate interests where, for example:

• before receiving notice of the dispute, the registrant used the Dutch .nl domain name in connection with a bona fide offering of goods or services;
• before receiving notice of the dispute, the registrant had made demonstrable preparations for such use;
• the registrant, whether an individual, business or other organisation, is commonly known by the .nl domain name; or
• the registrant makes legitimate non-commercial use of the .nl domain name, without intending to misleadingly divert internet users for commercial gain or to tarnish or otherwise damage the complainant’s rights or reputation.

 

Whether a legitimate interest exists depends on the particular circumstances. Merely registering a .nl domain name does not in itself create a legitimate interest.

 

3. The .nl domain name was registered or is being used in bad faith

 

Finally, the complainant must establish that the .nl domain name was registered or is being used in bad faith.

 

This differs from the Uniform Domain Name Dispute Resolution Policy (UDRP), which applies to many generic top-level domains, such as .com. Under the UDRP, a complainant must in principle prove both registration and use in bad faith. For a Dutch .nl domain name, proof of either registration or use in bad faith is sufficient. The same applies to disputes concerning Belgian .be domain names.

 

What constitutes bad faith in relation to a Dutch .nl domain name?

 

The SIDN – Dispute Resolution Regulations for .nl Domain Names identify several non-exhaustive circumstances that may constitute evidence of bad faith.

 

Registering the .nl domain name for the purpose of selling it

 

Bad faith may be established where the .nl domain name was registered or acquired primarily for the purpose of selling, renting or otherwise transferring it to the complainant or one of the complainant’s competitors for an amount exceeding the cost of registration.

 

However, the mere fact that a domain name is offered for sale does not prove bad faith as such. The date of registration and the registrant’s knowledge of the complainant may also be relevant.

 

Preventing the rights holder from using the name

 

Registering the .nl domain name in order to prevent the complainant from using the name as a domain name may also constitute evidence of bad faith.

 

Disrupting the complainant’s activities

 

Bad faith may also exist where the .nl domain name was registered primarily for the purpose of disrupting the complainant’s activities. This may arise, for example, in disputes between competitors or former business partners.

 

Misleading internet users for commercial gain

 

Another example of bad faith is using the .nl domain name for commercial gain by attracting internet users to a website or other online location through a likelihood of confusion with the complainant’s trademark, trade name or other protected name. The confusion may concern, for example, the source, sponsorship, affiliation or endorsement of the website or other online location, or of the products or services offered there.

 

Other circumstances may also demonstrate bad faith. Examples include phishing, imitating the complainant’s website, using misleading email addresses, engaging in a pattern of similar domain-name registrations or providing false contact details.

 

How can you defend a complaint concerning a .nl domain name?

 

A registrant can defend a .nl domain name complaint by disproving any one of the three required elements.

 

Possible defences include:

• the Dutch .nl domain name is not confusingly similar to the name invoked by the complainant;
• the complainant has no rights in the name invoked;
• the registrant has its own prior or independent rights;
• the .nl domain name consists of a descriptive or commonly used term;
• the registrant was already using the .nl domain name in good faith before receiving notice of the dispute;
• the registrant is commonly known by the .nl domain name;
• the website is a legitimate non-commercial initiative;
• the .nl domain name was registered without knowledge of the complainant or its rights and without targeting them; or
• the .nl domain name is not being used in bad faith.

 

It is important to support the response with evidence. Relevant evidence may include trade-register records, invoices, dated website designs, correspondence, advertisements, contracts, trademark registrations and archived screenshots.

 

What remedy can the complainant obtain under the .nl Dispute Resolution Regulations?

 

Under the SIDN Dispute Resolution Regulations, the complainant may seek only a change of registrant of the domain name, whereby the complainant becomes the registrant instead of the respondent.

 

The panelist cannot award damages, issue an injunction or order reimbursement of legal fees. A party seeking such remedies will generally need to consider proceedings before the competent court.

 

How do you initiate proceedings concerning a Dutch .nl domain name?

 

The complainant must prepare a complaint using the prescribed SIDN and WIPO model complaint form. The complaint and its attachments must be submitted by email to the WIPO Arbitration and Mediation Center in accordance with WIPO’s filing guidelines.

 

The complaint must include, among other things:

• details of the complainant and any representative;
• the disputed .nl domain name;
• the available details of the registrant;
• the protected name or rights on which the complainant relies;
• an explanation of why each of the three requirements is satisfied; and
• the relevant evidence.

 

WIPO confirms receipt and determines within three calendar days whether the complaint complies with the formal requirements. If the complaint is deficient, the complainant has five calendar days to correct the deficiency.

 

Once the complaint is formally compliant, WIPO forwards it to the respondent. The proceedings officially commence on the date stated in WIPO’s notification document.

 

As soon as WIPO informs SIDN that it has received the complaint, SIDN locks the domain name. The lock prevents cancellation, a change of registrant or the endorsement of a pledge during the dispute. It does not mean that the website or email services linked to the domain name are taken offline.

 

How long does the respondent have to submit a response?

 

WIPO must receive the response no later than twenty calendar days after the date on which the proceedings commenced.

 

The respondent must use the prescribed response form and submit the response and its attachments by email, copying the complainant.

 

If no timely response is submitted, the complainant does not automatically succeed. The panelist will decide the case on the basis of the complaint. The complaint will then in principle be granted unless the panelist considers it to be without basis in law or in fact (see section 10.3 of the Regulations). Failure to submit a response makes it considerably more difficult for the registrant to retain the domain name.

 

Is mediation compulsory in a .nl domain name dispute?

 

Where the respondent submits a timely response, a free-of-charge mediation process facilitated by SIDN takes place first. Mediation begins, in principle, within five calendar days of WIPO forwarding the response to SIDN.

 

The mediation process lasts no more than thirty calendar days, unless SIDN determines at an earlier stage that mediation will not succeed. With the consent of both parties, this period may be extended twice, each time by up to thirty calendar days.

 

During mediation, a SIDN mediator explores whether the parties can reach a settlement. If mediation is successful, WIPO terminates the proceedings. If no settlement is reached, the proceedings may continue before a panelist appointed by WIPO.

 

How does the panelist appointed by WIPO decide the dispute?

 

Following unsuccessful mediation – or if no response has been filed – the complainant must pay the costs of the proceedings to WIPO within ten calendar days.

 

Within five calendar days of receiving payment, WIPO appoints an independent and impartial panelist.

 

The proceedings are in principle conducted entirely in writing. An in-person hearing takes place only if the panelist considers it necessary for deciding the dispute. This is extremely rare.

 

The parties cannot file unlimited additional submissions on their own initiative. The panelist determines whether an unsolicited additional submission is admissible and may invite the parties to provide further statements, information or evidence.

 

Except in exceptional circumstances, the panelist forwards the written decision to WIPO within fourteen calendar days of the conclusion of the written phase of the procedure. WIPO then communicates the decision to the parties and SIDN within three calendar days.

 

In what language are .nl domain name proceedings conducted?

 

Where both the complainant and the respondent reside or are registered in the Netherlands, the proceedings are in principle conducted in Dutch.

 

Where at least one party neither resides nor is registered in the Netherlands, the proceedings are in principle conducted in English. In exceptional circumstances, WIPO or the panelist may decide otherwise. Dutch may, for example, be permitted where both parties appear to have full command of that language.

 

A complete or partial translation may be required for documents submitted in another language.

 

Costs of a WIPO proceeding concerning a .nl domain name

 

According to the current fee schedule for .nl domain name disputes, the fixed fees are:

• EUR 1,500 for a dispute concerning one to five domain names; and
• EUR 2,000 for a dispute concerning six to ten domain names.

 

The fees charged by a lawyer or other adviser are additional.

 

For proceedings concerning more than ten domain names, WIPO must be contacted in advance. Additional fees may be charged where a case requires special action.

 

The free mediation process takes place before these procedural fees are payable. The fixed fees become payable only if no response is submitted or if mediation is unsuccessful and the complainant wishes to continue the proceedings before a panelist.

 

The Regulations do not provide for an award of costs. Even if the complainant succeeds, it cannot recover the WIPO fees or its legal fees from the respondent under this procedure.

 

What happens if the complainant succeeds?

 

If the panelist orders a change of registrant, SIDN waits ten working days after WIPO has notified it of the decision before implementing it.

 

Within that period, the respondent may provide SIDN with evidence that it has instituted legal proceedings against the complainant before a Dutch court in relation to the registration of the domain name. SIDN will then refrain from implementing the change of registrant. The .nl domain name remains locked until sufficient proof is provided that the dispute between the parties has been resolved.

 

If no court proceedings are instituted, the complainant must ask a registrar to submit a registrant update request and/or domain name transfer request to SIDN. The complainant must also comply with the general terms and conditions applicable to registrants of .nl domain names.

 

Once the change is implemented, the complainant becomes the new registrant.

 

Can either party still bring court proceedings?

 

Yes. Participation in proceedings under the SIDN Dispute Resolution Regulations does not prevent either the complainant or the respondent from submitting the dispute to a competent Dutch court.

 

Court proceedings may be appropriate where a party seeks not only a change of registrant, but also, for example, an injunction against other use of the name, damages, an order to cease trademark infringement or reimbursement of legal costs.

 

Legal assistance with a Dutch .nl domain name dispute

 

A domain name dispute involves more than demonstrating a similarity between two names. Both complainants and registrants must address the applicable criteria carefully and support their positions with relevant evidence.

 

A lawyer experienced in domain name disputes can, among other things:

• assess the prospects of success of a complaint or defence;
• investigate which trademark, trade-name or other rights may be invoked;
• prepare a cease-and-desist letter or settlement proposal;
• prepare the complaint or response;
• collect and organise evidence of bad faith or a legitimate interest; and
• provide assistance during mediation and the WIPO proceedings.

 

Frequently asked questions about .nl domain name disputes (FAQ)

 

Can I claim damages under the SIDN procedure?

 

No. The complainant may seek only a change of registrant, whereby the complainant becomes the registrant instead of the respondent. A separate court action is required to seek damages, an injunction or reimbursement of legal costs.

 

How long do proceedings concerning a .nl domain name take?

 

The respondent has twenty calendar days to submit a response. If a timely response is filed, this is followed by a mediation period of up to thirty calendar days, which may be extended with the consent of both parties. If a panelist is subsequently appointed, the decision is in principle forwarded to WIPO within fourteen calendar days of the conclusion of the written phase. In practice, the overall procedure will generally take several months.

 

Is a trademark registration necessary to claim a .nl domain name?

 

No. A complaint may also be based on, among other things, a trade name or geographical indication protected under Dutch law and, subject to certain conditions, a personal name or the name of a Dutch public legal entity, association or foundation.

 

This article was updated on 1 September 2026 and is based on version 1 September 2024 of the Dispute Resolution Regulations for .nl Domain Names. It provides general information and does not constitute legal advice in relation to any particular case.

 

Read the Dutch version of this article: Een .NL domeinnaam claimen of verdedigen voor WIPO-SIDN.

Find more information about UDRP domain name disputes (for .com and other domain names).

Read more about .EU domain name disputes. 

More information about Belgian .BE domain name disputes.

 

Bart Van Besien

Lawyer IP and media law