Unlike with trademarks, a domain name registration is only an administrative record of the fact that you have filed an application for this domain name. The registration of a domain name does not offer any special protection under the law, as is the case with patents, trademarks, designs or copyrights.
However, if a domain name constitutes an infringement of your trademark or trade name, various legal steps can be taken to stop it being used. NLO Shieldmark can give you infringement advice in relation to a domain name and help you file a complaint with the relevant authorities.
Infringement via a domain name
A domain name can only be issued once. In the Netherlands, the SIDN registers domain names without checking to see whether they are an infringement of existing trademark or trade name rights. The person filing the name, however, has to make a declaration that the registration will not lead to an infringement of existing rights.
Domain name disputes
In the event of a dispute about a domain name, the holder of the older rights can take legal action to force the assignment or cancellation of the domain name. Alternatively, an attempt can be made to reach an out-of-court settlement in accordance with the Dispute Resolution Regulations for .nl Domain Names.
International infringement of trademark/trade name rights
For international disputes about gTLDs, it is possible to start arbitration proceedings with the WIPO Arbitration and Mediation Center. This procedure is relatively cheap and the arbitration board has the power to demand the discontinuation of use or the assignment of a domain name.
Do you need infringement advice concerning the registration and use of domain names? The advisors of NLO Shieldmark will be glad to help.
Fake invoices are unfortunately a well known problem among trademark owners. A fake invoice is a misleading invoice (or letter) which reffers to a trademark, design, patent or patent application. A payment is requested for a publication in a register or to extend the validity of a registration.They use names like Worldwide database or Trademarks and Patents, Euro IP Register, International Patent & Trademark Database.
Our advice: don't pay. Please contact us is you have any doubts.
NLO Shieldmark is proud to have been voted ‘Benelux - Firm of the Year for Trade Mark Prosecution’ by the highly respected Managing IP magazine. The award was presented on Thursday 10 March 2016 in London.
We wish to thank our clients and fellow professionals for their positive feedback and for believing in our quality and service.