The registration of domain name is, mostly, based on the principle of “first come, first served” (temporal priority), which implies that the domain name is granted to the first applicant and does not require proof of any right, interest or future use, as there is no emphasis on the legitimacy of the credentials.
This principle, which has obvious advantages, such as facilitating the registration of a domain name in just few minutes, is the cause of many conflicts when it is used in an abusive way by someone whose sole purpose is to speculate with domain names, whether generic (.com, .net, .info, .travel) or territorial (.co.uk, .es, .eu).
The phenomenon of abusive registration of domain names is known as “cybersquatting” and basically consists of registering a domain name which is identical or similar to a registered trademark and, subsequently, to petition its owner for a substantial economic sum in exchange for the transfer of the domain name in question.
In order to protect those affected by abusive registrations of domain names, an extra-judicial procedure of conflict resolution has been implemented where the decisions it reaches are mandatory for the parties to follow, namely the complainant and the registrant of the disputed domain name.
This procedure must be filed before a duly credited provider of extra-judicial resolution of conflicts, by means of a complaint that provides evidence citing how the registration of the domain name is speculative or abusive.
It is a quick procedure which resolves the dispute in an average term of two (2) months, which, in the case of a favorable decision, results in the immediate transfer of the disputed domain name.
For further information and/or to see the viability to recover a domain name, feel free to send a message to: info@masdevall.com
Member of the Barcelona Bar Association.
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