A domain name is a business address/identification string that defines a realm of administrative autonomy /control in the global market place known as the internet.
Our Domain Name team is able to offer a wide range of services to our varied clientele including:
- Domain name availability searches and general advisory services
- Registration of domain names
- Management and maintenance of domain names
- Filing of domain name complaints.
- Domain name Dispute Resolution
The team assists clients in filing domain name complaints in respect of a generic top–level domain names using the Uniform Domain Name Dispute Resolution Policy(UDRP) Administrative Procedure or at the Nigeria Internet Regulation Association (NIRA) using the NIRA Dispute Resolution Policy.
Basic information on UDRP:
In accordance to the UDRP Policy, in order for one to succeed in lodging this kind of complaint, the dispute must involve an alleged abusive registration of a name, which in turn, must meet three criteria;
- The ‘offending’ domain name must be identical or confusingly similar to a trademark or service mark in which the complainant has right; and
- The ‘offending’ registrant has no rights or legitimate interests in respect of the said domain name; and
- The ‘offending’ domain name must have been registered and is been used in bad faith.
The Administrative panel provides many examples of circumstances that are considered to be evidence of a bad faith registration and use of a domain name.
UDRP Administrative Procedure
Stage 1: Filing of the Complaint with an Internet Corporation for Assigned Names and Numbers (ICANN)- accredited dispute resolution service provider chosen by the complainant; e.g. WIPO.
Stage 2: A response is filed by the Respondent against whom the complaint was made
Stage 3: An Administrative Panel of 1 or 3 persons, who will deal with the Complaint, is set up by the service provider. The choice of the size of the panel is that of the parties.
Stage 4: The issuance of the panel’s decision, as well as notification of all relevant parties of the same.
Stage 5: The implementation of the Panel’s decision by the Registrar(s) concerned should there be a decision that the domain name(s) in question be cancelled or transferred.
Information/Documentation Required to file a Complaint
- Details of the Complainant (Name, Corporate or legal status, address, telephone, fax and email).
- Complainant’s preferred method of communication during the administrative procedure (e.g. Address and contact).
- Details of the Respondent (Full name, Corporate or legal status, address, telephone, fax and email).
- Information on the ‘offending’ domain’s registration.
- Preferred language for the dispute to be heard.
- Details of the Complainant’s trademark.
- Annexure showing use of the ‘offending’ domain.
- Remedies requested (cancellation or transfer of the offending domain).
The time frame from filing of the complaint to obtaining a decision is within 60 days, all things being equal and without delays.