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Changes in .BE (Belgium Top Level Domain) Favor Trademark Owners

  1. Faster implementation of Dispute Resolution decisions – The submission to the alternative dispute resolution procedures does not prevent either the domain name holder or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before, during or after those proceedings. Previously, If a Third-party Dispute Resolution Provider decided that the domain name registration should be cancelled or transferred, DNS BE would implement that decision 30 days after being informed of the decision except if the domain name holder had appealed the dispute resolution decision in due time. If the appeal procedure was started in time, DNS BE would not take further action (whilst leaving the domain name on hold) until the appeal procedure had ended or had been cancelled. Under the new rules, DNS BE would implement the decision 15 days after being informed of the decision.
  2. Partial recovery of Dispute Resolution costs for Successful complainants – The dispute resolution fee must be paid in advance by the Complainant. However, if the Third-party Dispute Resolution Provider concludes that the domain name registration needs to be struck out or transferred, DNS BE shall repay half of these costs to the Complainant.
  3. Partial responsibility for Dispute Resolution costs by cybersquatters – If the Third-party Dispute Resolution Provider concludes that the domain name registration needs to be struck out or transferred, DNS BE shall reclaim the portion of the Dispute costs repaid to the Complainant from the domain name holder.

Cybersquatting (the registration of domains corresponding to, or similar to, trademarks by unauthorized third parties for the purpose of profiting from the trademark owner’s goodwill) is increasing rapidly on a worldwide basis. These changes in the .be Terms and Conditions, which will take effect on March 15, 2007, reflect recognition by the DNS BE of the growing problem of cybersquatting in the .be zone. This recognition is best expressed in the following statement at the end of the Terms and Conditions: “The potential financial loss for the domain name holder is the risk that the latter took for the speculative registration of domain names on which third parties have rights.”

For more information on these changes or for information on how to protect your brands online against cybersquatters, please contact Marc Trachtenberg of Ladas & Parry LLP / Ladas Domains LLC by email or by telephone at +1.312.427.1300.

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