In legal disputes over domain name ownership rights, right holders are given priority and over 80% domain disputes are ruled in their favor. Still, 20% of the time domain administrators prevail.
There are currently no alternative out-of-court dispute resolution procedures for domain names and trademarks in the Russian Federation. In such disputes, if the parties fail to resolve their disagreements by negotiation, litigation is inevitable.
According to the Terms and Conditions of Domain Names Registration in Domains .RU and .РФ, user (domain administrator) is responsible for choosing a domain name and for possible violation of third party rights related to the selection and registration of a domain name, and also bears the risk of damages related to such violations.
Website, domain and domain name are inextricably linked concepts but mean different things.
A domain name is a character identification used for network addressing using the Domain Name System (DNS).
A domain is a character identification used for addressing websites on the internet to access information published online.
An internet website is the totality of computer programs and other information contained in an information system accessed via the internet.
The subject of violations of copyright and associated rights shall be addressed consistent with the above stated definitions.
If a violation of copyright or associated rights is caused by publishing protected information online, any complaints (claims) must be addressed to the hosting provider of the website in question.
If a violation of copyright or associated rights is caused by domain name registering or administering, any complaints (claims) must be addressed directly to the domain name administrator.
Information provided by administrators is processed by accredited registrars.
According to Par. 9.1.5. of the Terms and Conditions of Domain Names Registration in Domains .RU and .РФ, “the Registrar shall have the right to provide information about the full denomination (name) of the Administrator and his/her location (domicile) upon a third parties’ substantiated request in writing containing an obligation to use the received information exclusively for the purposes of bringing a court action.”
Therefore, to obtain information about the administrator who, in the claimant’s belief, has violated his rights, he needs to contact the registrar that maintains the records of the respective domain name.
You can identify the registrar maintaining a specific domain name using the WHOIS automated service. Use the link on the Coordination Center’s home page.
The list of accredited registrars and their official websites is also available on the Coordination Center’s official website
According to Par. 3.1.3. of the Terms and Conditions of Domain Names Registration in Domains .RU and .РФ, users (administrators) are free to choose domain names and determine the purpose of their usage; they are also responsible for possible third party right violations related to the selection and usage of a domain name, and bear the risk of damages related to such violations.
A person that believes that registration or usage of a domain name by the administrator violates this person’s trademarks rights has the right to file a complaint with the administrator as well as with the courts as prescribed by law.
Therefore, all the claims and complaints regarding any trademark right violation caused by registration or use of a second-level domain in domains .RU and .РФ as well as relief sought for trademark right violation must be addressed directly to the respective domain name administrator.
The Coordination Center for TLD RU/РФ is the administrator of national top-level domains .RU and .РФ. The center acts as a national registry under Russian law.
The administrator of the respective TLD can advise users on matters and procedures concerning protection of the exclusive rights violated by registration and usage of second-level domains in other TLDs.
