Disputes over internet domain names
Top-level Internet domains (.com, .eu, .pl) are becoming an important element of the identity and marketing of businesses, hence their value is increasing. The Internet is not only an instrument of unlimited access to a potential customer, but also an additional field for abuse and infringement of the entrepreneur's brand. Wiński Law Firm has experience in negotiating the conditions of selling Internet domain names, pursuing claims for cessation of infringements and transferring rights to Internet domain names for the benefit of authorised entities.
We have appeared in proceedings before the Arbitration Court for Internet Domains at the Polish Chamber of Information Technology and Telecommunications, as well as in the case of .eu domains before the Arbitration Court in Prague (ADR) and .com domains before WIPO in Geneva.
Our services in the field of Internet domain name disputes.
Legal analysis of internet domain name recovery (e.g. analysis of the existing use of the domain, whois data, assessment of trademarks and other exclusive rights, development of legal strategy, SWAT report)
- Pre-court proceedings (inter alia blocking the transfer of a domain name, securing evidence, cease and desist letter, amicable negotiations, preparation and execution of a contract)
- Recovery of internet domains in arbitration proceedings (inter alia preparation of the arbitration request and signing of the arbitration clause, preparation of the main claim, communication with the arbitration centre, pleadings during the proceedings, recovery of internet domains)
- Recovery of internet domains before common courts (including preparation of the main claim, communication with the court, pleadings during the proceedings, appeals and enforcement of the court's decision)
- Monitoring of Internet domains and their purchase on auction platforms
- Legal advice in the field of Internet domains and trademarks, copyrights, company names, violation of good name, image of a company or person.Our approach.
Our approach.
With many years of experience in Internet domain disputes, we use modern and effective means of litigation risk analysis and optimal methods of Internet domain recovery.
We analyze all available sources of information using public registries, whois information, data from Internet archives.
Our strategy, in each case, includes first of all securing available evidence of infringement and preventing the infringer from transferring the domain to a third party. In other words, we prevent in advance the infringer's actions that may hinder the achievement of the Client's goal and recovery of the Internet domain due to him.
Based on the analysis of the factual and legal status of the case, we recommend to the Client the optimal path to assert rights to the disputed Internet domain. In particular, we recommend whether the case is suitable for proceeding before an amicable court for .pl, eu, com domains or whether it is more advantageous to refer the case to traditional proceedings before a common court.
Our achievements.
We have successfully appeared in proceedings before the Arbitration Court for Internet Domains at the Polish Chamber of Information Technology and Telecommunications, as well as in .eu domain cases before the Arbitration Court in Prague (ADR) and .com domains before WIPO in Geneva. We are proud to have successfully represented our clients in domain name disputes in Poland and Europe for brands such as Audi, Lidl, Lufthansa, Vredestein and others.
service standards.
The basis of our cooperation with the client is good communication, understanding of needs and realistic feedback. We provide the customer with an accurate and realistic assessment of the case. We immediately take any necessary action. Our experience in this type of cases requires us to act aggressively if the state of the case or the attitude of the infringer requires it. Thanks to an efficient back office, the client receives regular reports on the status of the case, action plan, events during the proceedings and forecasts for the further course of the case. Wherever the status of a case depends on a court decision or the actions of the opposing party, we take reasonable steps and apply reasonable pressure to speed up the process.
faq - frequently asked questions
What are the grounds for recovering a Polish domain name ?
In Poland, there is no single dedicated legal regulation concerning Internet domains and disputes related to registration and/or use of Internet domains. Therefore, in Poland disputes over Internet domains are settled on the basis of general rules concerning protection of exclusive rights.
The basis for claims in disputes over Internet domain rights in Poland are Community and national trademarks and industrial designs, combating unfair competition, protection of trade names, image and personal rights.
What court resolves disputes over polish .pl internet domans?
Disputes concerning domains with the .pl country code ending may be conducted before a common court or one of the two arbitration courts indicated on the website of the National Domain Registry:
- Court of Arbitration at the Polish Chamber of Commerce in Warsaw
- Court of Conciliation for Internet Domains at the Polish Chamber of Information Technology and Telecommunications.
In practice, disputes over the rights to .pl domains in Poland are most frequently settled by the Arbitration Court for Internet Domains at the Polish Chamber of Information Technology and Telecommunications. Since its establishment in 2003, this amicable court has settled over 900 disputes over .pl internet domains.
Why refer a case to the court of arbitration for .pl domain ?
The solutions adopted in the Rules of the Internet Domain Arbitration Court, such as:
1) the possibility to choose a specific arbitrator to resolve the dispute,
2) list of arbitrators containing persons with highest professional qualifications,
3) time limit for consideration of a case of 1 month from the date of receipt of files by an arbitrator,
4) as a rule, the arbitrator may communicate with the parties to the dispute by means of electronic communication
5) a hearing is allowed only at the joint request of the parties in certain situations
allow for a timely and substantive resolution of the case.
Why refer a case to the common court of law ?
When the subject matter of a dispute exceeds the powers of an amicable court, in particular when the subject matter of the dispute is the pursuit of pecuniary claims, including damages for infringement of reputation, image or unfair competition, it will be reasonable to seek legal protection before a common court.
How long does proceeding before arbitration court last?
In the standard course of proceedings, the case is resolved after approximately 6 months from its commencement. The procedure before the amicable court for .pl Internet domains consists of several stages. In the first stage, the claimant submits to the court a motion to initiate proceedings. The arbitration court obliges both parties to sign an arbitration clause (consent to arbitration) and to select an arbitrator or arbitrators. This stage may take several weeks. Once both parties have agreed to arbitration and an arbitrator is chosen, the claimant files a statement of claim and the defendant files a statement of defence. This stage can take about 3 months. After reviewing the positions of both parties, the court in the person of the arbitrator(s) issues an award. This phase of the proceedings lasts approximately 2 months.
How long does the common court proceeding last?
In the standard course of proceedings, the case is resolved approximately 1.5 to 2 years after it is initiated. Proceedings before a common court are much more formalised than those before an arbitration court. During these proceedings, there are a number of deadlines that cannot be skipped or shortened. Unlike the arbitration court, in the case of the ordinary court, the case is heard primarily at hearings, which are scheduled every few months.
What are official cost of a polish internet domain name dispute before arbitration court ?
In order to initiate arbitration proceedings, it is necessary to file an application on the intention to file a statement of claim and pay a registration fee of approx. 100 EUR. The fee for filing a statement of claim is approx. 800 EUR.
What are official cost of a polish internet domain name dispute before common court of law ?
The costs of a proceeding before a common court depend on the number of claims (e.g. injunction for unfair competition, injunction for copyright infringement, injunction for violation of company rights, etc.) and the amount of possible claims for damages or compensation. For each claim (usually about 3 to 5 such claims), a fee of about EUR 80 is charged. However, monetary claims are charged a pro rata fee of about 5% (depending on the amount of the claim).
