Domain name disputes
What Are Domain Name Disputes and Who Initiates Them?
A dispute concerning a domain name arises when two parties have an interest in the same domain name. In most cases, the complainant invokes a legitimate interest in being the registrant of the disputed domain name. In practice, disputes are typically initiated for the protection of a brand, a company’s business portfolio, or the company name itself when it is recognized as a brand.
Relationship Between Trademarks and Domain Names
When registering a domain name, the registrant is not required to provide proof of trademark ownership. Domain names are registered according to the “first come, first served” principle. For this reason, it may occur that a domain name identical or similar to a certain trademark is registered by a third party before the trademark holder.
If a dispute arises regarding such a domain name, there are two available avenues of resolution. The first is through regular courts in proceedings for trademark infringement. Due to the lengthy duration of court procedures, an alternative dispute resolution mechanism has been established — out-of-court panels. In Serbia, one such out-of-court mechanism has been established within the Chamber of Commerce and Industry of Serbia (www.pks.rs), in cooperation with RNIDS — the Committee for the Resolution of Disputes Relating to the Registration of National Internet Domain Names.
Role of the Arbitration Committee
Disputes concerning registered .rs and .срб domain names are resolved before the Committee for the Resolution of Disputes Relating to the Registration of National Internet Domain Names. The Committee has jurisdiction exclusively over .rs and .срб domain names; for generic domain names and other domain spaces, competent panels abroad are responsible.
The task of the Arbitration Committee is to provide registrants with a faster, more cost-effective, and more efficient dispute resolution process compared to court proceedings.
Proceedings Before the Committee
The procedure is governed by the Rulebook on the Procedure for Resolving Disputes Relating to the Registration of National Internet Domain Names, adopted by the RNIDS Conference of Co-Founders.
The proceedings are initiated by submitting a complaint by the complainant or their authorized representative. The Arbitration Panel decides on the potential transfer or deletion of the domain name in accordance with the provisions of the Rulebook.
As a rule, the proceedings last up to 60 days from the date the complaint is filed. The decision is final and not subject to appeal. It is executed after ten days from the date RNIDS receives the decision, unless a party to the proceedings submits proof that court proceedings have been initiated, in which case enforcement is postponed until the court decision becomes final.
Rights and Obligations of the Registrant and Parties to the Dispute
By submitting a request for the registration of a national internet domain name, and by accepting the General Terms, the registrant accepts the jurisdiction of the Committee. A complainant accepts the jurisdiction of the Committee by initiating proceedings before it. Acceptance of the Committee’s jurisdiction does not preclude the parties from seeking judicial protection regarding the subject matter of the dispute.
Committee Contact Information
President of the Committee: Dr. Dušan Popović
Vice President of the Committee: Dr. Marko Jovanović
Committee Address:
Permanent Arbitration at the Chamber of Commerce and Industry of Serbia
Knez Mihailova 10, I floor
Phone: (+381 11) 4149-415; (+381 11) 4149-417
International Practice
Useful resources for domain name dispute resolution worldwide:
