Click here to download the Domains and domain names 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 11 jurisdictions are covered in this report:

Argentina; Australia; Belgium; Denmark; France; Germany; Japan; Netherlands; Russia; United Kingdom; United States

Questions

The set of questions relating to the topic of domains and domain names and answered by the guide for each jurisdiction covered include:

Registration and use of domain names at ccTLD registry

• • Which entity is responsible for registration of domain names in the country code top-level domain (ccTLD)?
• • How are domain names registered?
• • For how long is registration effective?
• • What is the cost of registration?
• • Are registered domain names transferable? If so, how? Can the use of a domain name be licensed?
• • What are the differences, if any, with registration in the ccTLD as compared with a generic top-level domain (gTLD)?
• • Can the registrant use a privacy service to hide its contact information?

Pre-litigation actions

• • Under what circumstances will a registrant’s privacy-protected contact information be disclosed? What processes are available to lift a registrant’s privacy shield?
• • Are third parties (such as trademark holders) notified of a domain name registration or attempt to register a domain name? If so, how? If not, how can third parties receive notice?
• • Is there a need to notify the domain name registrant before launching a complaint or initiating court proceedings?

Transfer or cancellation

• • What is the typical format for a cancellation or transfer action in court litigation (domains registered in either a ccTLD or a gTLD) and through ADR (ccTLD only)?
• • What is the typical format for a cancellation or transfer action in court litigation and through ADR?
• • What are the pros and cons of litigation and ADR in domain name disputes? What are the pros and cons of choosing a local forum to litigate a gTLD dispute compared with the ICANN ADR format for the gTLD?
• • What avenues of appeal are available?
• • Who is entitled to seek a remedy and under what conditions?
• • Who may act as defendant in an action to cancel or transfer a gTLD in local courts?
• • What is the burden of proof to establish infringement and obtain a remedy?
• • What remedies are available to a successful party in an infringement action?
• • Is injunctive relief available, preliminarily or permanently, and in what circumstances and under what conditions?
• • How is monetary relief calculated?
• • What criminal remedies exist, if any?
• • Is there a time frame within which an action must be initiated?
• • Can a registrant’s rights in a domain name expire because of non-use? Can a registrant be estopped from bringing an infringement action? In what circumstances?
• • What is the typical time frame for an infringement action at first instance and on appeal?
• • Is a case law overview available on procedural or substantive issues? Does the case law have a precedential value?
• • Can parties choose a panellist in an ADR procedure involving a ccTLD? Can they oppose an appointment?
• • What is the typical range of costs associated with an infringement action, including pre-litigation procedures, trial or ADR, and appeal? Can these costs be recovered?