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ARTICLE · 19 NOVEMBER 2001

Domain Name Piracy: Is the Proprietor Powerless?

NetherlandsMedia, Telecoms, IT, Entertainment
Michiel W Rijsdijk
Michiel W Rijsdijk

The domain name Heineken.nl has been pirated. Will brewer Heineken be able to claim back the pirated domain name? Which legal actions will Shell be able to take if a third party (domain name pirate) has registered Shell's trade mark or trade name as a domain name?

The above gives rise to a brief explanation of how an NL-level domain name is acquired in The Netherlands, and on which legal grounds action may be taken against a domain name pirate.

The Netherlands Internet Domain Name Registration Foundation

In The Netherlands it is quite easy for a company to acquire a domain name. The Netherlands Internet Domain Name Registration Foundation issues NL-level domain names. This Foundation will only grant the application if the domain name is still available, if it will not cause confusion, if the applicant is a company registered with a Dutch Chamber of Commerce, if an extract from the Register of the Chamber of Commerce has been submitted, and, in case the applicant is a private

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