World Intellectual Property Organization

WIPO Arbitration and Mediation Center - Domain Name Disputes (New gTLDs)

General Information on the ERDRP

The following information constitutes an informal summary by WIPO based on information made available by ICANN and the Registry Operator.


 

Types of registrations in .name

There are three types of registrations in .name:

1. Domain Names

.name Domain Names are registered on the second level in the format < last name>.name and third level in the format ..name or ..name.

2. SLD E-Mail Addresses

SLD e-mail Addresses are registered in the format @.name or @.name.

For the purposes of procedures under the ERDRP, domain names and SLD e-mail addresses are both referred to as "Registered Names". Pursuant to the .name eligibility requirements, a Registered Name shall only be registered if it corresponds to

(i) the legal name of the registrant (as an individual); and/or
(ii) the name of a fictional character in which the registrant has trademark or service mark rights; and/or
(iii) the name by which the registrant (as an individual) has been commonly known.

(See Paragraph 1(b) of the .name Registration Restrictions and Paragraph 4(b) of the Eligibility Requirements Dispute Resolution Policy for .name (ERDRP) for details).

3. Defensive Registrations

Defensive Registrations block the registration of Registered Names containing the reserved string on either the second (second-level Defensive Registrations) or the third (third-level Defensive Registrations), or on both levels (combined second- and third-level Defensive Registrations).

Second-level Defensive Registrations consist of a "wildcard" for the third-level label, a valid second-level label, and the top-level label .name, in the format ..name. Third-level Defensive Registrations consist of a valid third-level label, a "wildcard" for the second-level label, and the top-level label .name, in the format ..name. Combined second- and third-level Defensive Registrations follow the format requirements for registered domain names.

 

Dispute Resolution Policies applicable to .name registrations

.name domain names (but not SLD E-mail addresses) are subject to the Uniform Domain Name Dispute Resolution Policy (UDRP).

All Registered Names, (i.e. domain names and SLD E-mail addresses), and Defensive Registrations are subject to the eligibility requirements listed in the .name Registration Restrictions. There is no up-front verification of whether the registrant meets these requirements. Rather, Registered Names and Defensive Registrations can be challenged through an administrative dispute resolution procedure under the Eligibility Requirements Dispute Resolution Policy for .name (ERDRP).

Both the UDRP and the ERDRP are incorporated into all .name registration agreements.

 

Applicable disputes and available remedies

An ERDRP dispute resolution procedure can be initiated in the following three situations:

1. Any person can challenge a Registered Name (i.e. domain name and SLD e-mail address) asserting that its holder does not meet the .name eligibility requirements for Registered Names (Paragraph 1 of the .name Registration Restrictions), and requesting the cancellation or transfer of the Registered Name, or the registration of that name as a Defensive Registration (Paragraph 4(a)(i) ERDRP).

For the purposes of ERDRP proceedings, the term "Registered Name" includes both domain name and SLD e-mail address which are normally registered in the name of one and the same registrant. If, in an exceptional case, domain name and SLD e-mail address pertaining to the same Registered Name are held by different persons/entities, each will be regarded as individual Registered Names for purposes of ERDRP proceedings, with the consequence that the Complainant must initiate independent ERDRP proceedings against each holder.

Please consult the ERDRP Complaint Filing Guidelines (Registered Names)

2. Any person can challenge a Phase I Defensive Registration asserting that its holder does not meet the .name eligibility requirements for Phase I Defensive Registrations (Paragraph 2(b) of the .name Registration Restrictions), and requesting its cancellation (Paragraph 4(a)(ii) ERDRP).

Please consult the ERDRP Complaint Filing Guidelines (Defensive Registrations).

If the complaint is successful, a new procedure will be initiated ex officio (involving only the Respondent, not the Complainant), in which the Respondent will be required to demonstrate compliance with the eligibility requirements for any and all other Phase I Defensive Registrations held by that Respondent (Paragraph 5(f)(iii) ERDRP).

Please consult the ERDRP Response Filing Guidelines for Ex Officio Reviews of Phase I Defensive Registrations.

3. If an application for a Registered Name is blocked by one or more Defensive Registrations, the unsuccessful applicant can challenge such Defensive Registration(s) requesting registration of the blocked Registered Name in spite of the Defensive Registration(s) (Paragraph 4(a)(iii) ERDRP). The Complainant (i.e. the applicant) must prove its own compliance with the eligibility requirements for the blocked Registered Name (Paragraph 1 of the .name Registration Restrictions). This request can be combined with the request under 2. in one complaint.

Please consult the ERDRP Complaint Filing Guidelines (Defensive Registrations).

If the complaint is successful and the challenged Defensive Registration was a combined second- and third-level Defensive Registration (see above), the Defensive Registration will be cancelled (Paragraph 5(f)(ii)(B) ERDRP). Second or third level Defensive Registrations will be cancelled once they have been successfully challenged for the third time (Paragraph 5(f)(iii) ERDRP).

Please note that a Registered Name that conflicts with one or more Defensive Registrations can be registered in spite of the Defensive Registration(s) if the holder(s) of such Defensive Registration(s) consent to the registration of that Registered Name (Paragraph 2(g) of the .name Registration Restrictions). Since successfully challenged Defensive Registrations may be subject to cancellation, Defensive Registration holders have an incentive to grant their consent. Registered Name applicants are therefore advised to contact all holder(s) of conflicting Defensive Registration(s) before initiating an ERDRP proceeding, and to request the consent of such holders to the registration of the Registered Name applied for.

Please note that a Defensive Registration whose owner has neither consented to the registration of the Registered Name, nor been included in a successful ERDRP complaint continues to block the registration of that Registered Name. A Complainant should, therefore, include any and all Defensive Registrations in its complaint with regard to which no consent has been granted, and name all holders of such Defensive Registrantions as Respondents.

Explore WIPO