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ARTICLE · 10 MARCH 2016

Domain Name Dispute In Relation To Trademarks

Baker & McKenzie - Hadiputranto, Hadinoto & Partners
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The panel may declare that the domain name registration is transferred, cancelled, changed, or not changed.

IndonesiaIntellectual Property
Daru Lukiantono
Daru Lukiantono
Primastuti Purnamasari
Primastuti Purnamasari

The Indonesian Domain Name Registry ("PANDI") recently established  a dispute settlement forum for the country code top-level domain name (ccTLD) .id. The forum is called Penyelesaian Perselisihan Nama Domain or Domain Name Dispute Resolution Forum ("PPND"). The purpose of  PPND is to provide an alternative from District Court civil claims for dispute settlement related to the .id ccTLD. 

When initiating a domain name dispute proceeding in relation to trademarks,  a trademark owner is required to demonstrate that

(i) the registrant's domain name is identical and/or confusingly similar to a mark owned by the trademark owner concerned;

(ii) the registrant has no rights and/or legitimate interests in the domain name; and

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