Following the Uniform Domain Name Dispute Resolution Policy for .do and Implementation Rules any dispute resolution between trademarks and domain names will be in charge of the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center and will entail this procedure:
As a first step, the domain name is compared to the trademark to determine whether they are identical or confusingly similar, considering only the denominative elements of the trademark and domain name.
Afterwards, whether the domain name holder has legitimate rights or interests, taking into account the following:
- Good faith use to offer goods or services
- Owner is commonly known by that name
- Non commercial use
- No use to mislead Internet users
- No use to harm the trademark for profit
Then the bad faith in registering and using the domain name is determined when:
- The purpose is to sell, rent or transfer the domain to the plaintiff or its competitor for a value higher than the normal costs
- The purpose is to prevent the registration of the domain name to the trademark owner
- The purpose is to disturb the commercial activity of a competitor or to draw Internet users for profit
Nonetheless, this mandatory administrative procedure does not prevent any process before or after in a competent court.
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