NIC´s guiding criteria for the resolution of Internet domain disputes

NIC´s guiding criteria for the resolution of Internet domain disputes

By Julieta Espinosa

Through the Provision 187/2023 of the National Directorate of Internet Domain Registry (NIC Argentina), it was established the guiding criteria used by analysts for the resolution of disputes regarding registrations of Argentine Higher Level Internet domain names (.AR).

The Internet domain registration dispute consists in the process initiated before NIC Argentina through which a person, invoking a better right or legitimate interest, claims ownership of a domain name registered by a third party. Once the dispute is initiated, the owner of the domain name will have the chance to present his or her arguments and evidence within 10 administrative business days. NIC will then analyze the factual and legal grounds alleged by both parties and decide whether the domain name should be assigned to the claimant or retained by its owner.

In particular, the Provision 187/2023 sets out the cases in which it will be understood that an Internet domain name is registered and/or used abusively or in bad faith, and, therefore, may be revoked, which are if:

1. It lends to confusion, deception and/or identity theft in relation to a well-known and/or recognized registered trademark; to copyright; to a commercial designation; to a corporate name; to a personal name or pseudonym of a prominent human person in our country or in the world; or other subjective right;

2. Is intended for sale or is intended for improper economic gain, contrary to good commercial practices;

3. Another user’s access to the Internet is blocked, and/or his or her commercial or personal non-profit activity is intentionally disrupted;

4. The sole purpose is to collect (accumulate) domain names without real use and there is no demonstrable or verifiable legitimate interest to do so;

5. It was not delegated to DNS within a reasonable period (in the first 6 months of registration) or the lack of delegation was not properly substantiated;

6. Its owner could not demonstrate its connection with a real digital activity, whether commercial or non-profit;

7.Uses generic words and is not used in direct relation to its dictionary meaning;

8. The intention was to illegitimately divert clients, audiences or internet (web) traffic to another site [domain name];

9. Matches words or phrases that are offensive, discriminatory and/or contrary to the law;

10. It lends to confusion, deception and/or identity theft with respect to national, provincial, municipal and C.A.B.A. government agencies, or any of the services provided by them, or recognized national and international organizations.

In this way, the aim is to communicate NIC´s resolution criteria, as well as raise awareness regarding good registration practices for owners of Argentine Higher Level Internet domain names (.AR).

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