The Moscow Court of Arbitration rendered a verdict denying a claim, which contained a request to recognize activities of ANO “The Coordination Center for TLD RU” (hereinafter referred to as defendant) to determine the procedures of priority registration of second-level domain names in domain РФ illegal. The verdict was amended on 06.06.2011.
The plaintiff, “AstraSoft Tehnologia”,Ltd, brought a lawsuit in the court of Arbitration of the city of Moscow to recognize activities of ANO “The Coordination Center for TLD RU” to determine the procedures of priority registration of second-level domain names in domain РФ illegal and contradicting item 1 Article 10 of the RF Civil Code and containing conditions that restrict competition. The lawsuit was motivated by the fact that by approving the procedures of priority registration of second-level domain names in IDN TLD РФ the defendant violated provisions of the Federal Law of 26.07.2006 #135-FZ “On Protection of Competition”, as well as provisions of the Charter of ANO “The Coordination Center for TLD RU”, which has resulted in restriction of competition. In fact, JSC “AstraSoft Tehnologia” in its lawsuit requested to change the procedures of priority registration of second-level domain names in domain РФ.
Having considered all the circumstances of the case The Court of Arbitration noted that the Coordination Center “exercises its operations and powers pursuant to the Agreement of 07.04.2010 “On cooperation on issues regarding governance of the national domain РФ” concluded with the Ministry of Telecommunications and Mass Media of the Russian Federation.” The Court emphasized that, "any documents approved by the defendant’s Board (its supreme managerial body) and issued by the defendant (placed on the official website or in any other way made available to to third parties), are binding for all the parties engaged in interaction arising in connection with domains “.РФ”. All accredited registrars, as well as end-users (persons willing to register a second-level domain name on his/her name), must comply with the approved by the defendant regulatory documents, which determine procedures and the terms and conditions of domain names registration in domain РФ.
The Court of Arbitration also pointed out that it is the Coordination Center which is in possession of exclusive powers to establish and amend procedures uniform for all users and registrars, with no exception and is the regulator of domain names registration in the national zone РФ.
As to an alleged violation of the plaintiff’s rights to the trade mark “znakoMstva” by using by a third party of domain name “znakomstva.рф”, as stated in the published court verdict, “the plaintiff is not deprived of the right to protect the trade mark by way of bringing a corresponding lawsuit against a specific violator”.
In justification for its claims, the plaintiff referred to the fact that by having approved the procedures of priority registration of second-level domain names in domain РФ, the defendant violated provisions of the Federal Law of 26.07.2006 # 135-FZ “On Protection of Competition”, as well as the provisions of the Charter of ANO “The Coordination Center for TLD RU”, which has resulted in restriction of competition.
As evidence to the contrary, it should be noted that the defendant exercise its activities and powers pursuant to the Agreement of 07.04.2010 “On cooperation on issues regarding governance of the national domain РФ” concluded with the Ministry of Telecommunications and Mass Media of the Russian Federation. According to the preamble of the Agreement of 07.04.2010, the defendant provides technical and technological support of the domain name system (DNS) of domain РФ, keeps up to date the main register database; ensures registration of domain names by developing procedures for registration of second-level domain names in domain РФ, organizes activities of registrars and develops procedures for registrars’ activities in the registration system, as well as the procedure of their accreditation; keeps up to date information on the national domain РФ, administrative and technical contacts and authoritative DNS servers of domain РФ in the IANA global database, ensures stability and interconnectivity of the DNS system.
Thus, as the defendant correctly asserted, any document approved by the defendant’s Board (the supreme managerial body) and issued by the defendant (placed on the official website or in any other way made available to third parties), are binding for all the parties engaged in interaction arising in connection with domains РФ.
All accredited registrars and end-users (persons willing to register a second-level domain name on his/her name) must comply with the approved by the defendant regulatory documents, which determine the procedures and terms and conditions of domain names registration in domain РФ.
The defendant’s operations are exceptional due to its participation in the Agreement of 07.04.2010 “On cooperation on issues regarding the governance of the national domain РФ” concluded with the Ministry of Telecommunications and Mass Media of the Russian Federation.
The Court has assessed and agreed with the defendant’s conclusions that it exercises the exclusive authority to establish and amend uniform procedures for all, without exception, users and registrants, and it is the regulator of domain names registration in national zone РФ, while the plaintiff does not have this right and may not in any way introduce amendments to the defendant’s regulatory documents. These procedures have applied to all users, without any exception, nor there has been any discrimination.
