Domain Disputes Committee gave decision in dispute of Guess?, Inc. over guess.ee domain name
The DDC (Committee) found that the Appellant’s trademarks constitute an earlier right and the filed proof revealed that the appellant is the holder of the relevant trademarks registered in Estonia and that both of the trademarks are earlier than the said domain name.
According to the DDC, the Appellant reasoned adequately enough its position that the registrar has no right to or legitimate interest in the guess.ee domain name. As the registrar did not give any reasons or file any proof about its right or legitimate interest, the Committee concluded that there were no such circumstances and the domain name had been registered without the registrar’s right to or its legitimate interest in the domain name. For the said concise reasons the Committee made a decision to transfer the guess.ee domain name to the appellant Guess?, Inc.
The full text of the decision has been published on the www.internet.ee/domeenivaidlused website of the Estonian Internet Foundation.
The DDC is an independent domain disputes settlement body that operates under the aegis of the Estonian Internet Foundation and provides extra-judicial protection against speculation and hijacking of domain names. The advantage of an independent domain disputes committee in comparison with the state court is that this takes less time, which means that in the case of hijacking of a domain name holders of the trademark receive a decision in the dispute considerably faster than when having recourse to the courts. Addressing the Domain Disputes Committee does not exclude the protection of rights in judicial proceedings.
Domain Disputes Committee membership: Indrek Eelmets, Carri Ginter, Andres Hallmägi, Taivo Kivistik, Risto Käbi, Ants Nõmper, Riina Pärn, Almar Sehver and Alar Urm.
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.ee will update the Domain Regulation due to the General Data Protection Regulation (GDPR) entering into force on the 25 May 2018. .ee Domain Regulation provides standard terms that regulate the legal relationship between the EIF, domain registrant and registrar (service provider). Main changes concern the WHOIS-service in which the contact information of a registrant who is a natural person can no longer be publicly disclosed.
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