WIPO Domain Name Dispute Resolution Service for .NL

The .NL Policy establishes a mediation stage, described in its article 8:

• “8.1. The free-of-charge mediation process commences within five (5) calendar days of the center forwarding the response to SIDN.
• 8.2. The mediation process ends within thirty (30) calendar days of its commencement, or as much earlier as SIDN determines that mediation shall not be successful. This period may, with the consent of both parties, be extended twice for periods of up to thirty (30) calendar days.
• 8.3. If SIDN determines the mediation to be successful, SIDN shall inform the center accordingly by e-mail, copied to the complainant and the respondent, where after the center shall terminate the procedure.
• 8.4. If SIDN determines the mediation to have not been successful, SIDN shall inform the center accordingly by e-mail, copied to the complainant and the respondent. The complainant shall pay to the center, within ten (10) calendar days of this communication, the administration charges and panelist’s fee referred to in article 23. If the complainant fails to do so, the procedure shall be terminated, without prejudice to the right to submit a new complaint”

Whereas the UDRP is limited to the protection of trademark rights against infringement through bad faith registration and use of a domain name, the Dispute Resolution Regulations for .NL Domain Names (the Regulations) aim to protect not only trademark rights, but also certain other rights protected in the Netherlands, such as trade names and registered personal names (see Regulations, article 2.1)

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

Under the regulations, a complainant may seek only a change of registrant, whereby the complainant becomes the registrant instead of the respondent

Dutch or English, depending on the location of the parties and the circumstances of the case (see Regulations, article 17)

Dutch courts

No three-member panels are possible

• - may have from two to 63 characters;
• - may include letters, numbers;
• - may include dashes as long as there is a letter or number on each side of it