WIPO Domain Name Dispute Resolution Service for .IE

While the UDRP is limited to trademark rights, the ieDRP covers “Protected Identifiers”, which are defined as trade and service marks, personal names (pseudonyms) in which the complainant has acquired a reputation in Ireland, and geographical indications

Whereas in the UDRP the jurisdiction(s) where the trademark is valid is not considered relevant to panel assessment under the first element, under the ieDRP the complainant needs to prove that the disputed domain name is identical or confusingly similar to a Protected Identifier, protected in Ireland

It is sufficient for the complainant to prove that either registration or use of the domain name is in bad faith, whereas the UDRP requires the complainant to prove both

The ieDRP includes the following additional examples of evidence of registration or use in bad faith:

• - the likelihood of diluting the reputation of a trade or service mark (paragraph 2.1.5 of the ieDRP);
• - the intentional filing of misleading or false information when applying for the domain name registration (paragraph 2.1.6 of the ieDRP)

Cancellation or transfer of the disputed domain name; transfers are only possible if the complainant is eligible to hold the domain name under the relevant policy rules

Whereas under the UDRP Rules a respondent has 20 calendar days to file a response, under the ieDRP Rules a respondent has 20 working days to file a response

If an Administrative Panel decides that a domain name registration should be canceled or transferred, the Registry will wait 21 working days (as opposed to 10 business days under the UDRP) before implementing that decision

Courts of Ireland

English

1. The complaint and the response shall be submitted in hard copy and in electronic form (except annexes not available in electronic form).

• - may have up to 63 characters;
• - may include letters, numbers and dashes;
• - may not have dashes in the first or last positions;
• - may use the fada character (acute accent) on vowels (a, e, i, o, u)