Domain name dispute: which procedure applies to each extension?
Has someone else registered a domain name that resembles your brand or name? For many extensions there's a faster route than going to court: a dispute resolution procedure. In this article you'll read which procedure applies to each extension and what you need to prove. This is a general explanation (as of November 2026) and not legal advice. If you're dealing with an actual conflict, ask a lawyer or trademark attorney.
Check these first
- What does the WHOIS say? See Reading WHOIS and RDAP: what's in it and why don't you see an expiry date for .nl?.
- Is the name being used, and for what? Not every identical name means bad intent.
- Do you have a trademark or protected name? Registering a domain doesn't give you trademark rights in itself. Most procedures actually revolve around a trademark or another protected name. You register a Benelux trademark with the BOIP.
- Record everything, with screenshots and dates. You'll need this if you start a procedure.
Procedures per extension
| Extension | Procedure | What the complainant must prove | Outcome |
|---|---|---|---|
| .com and other gTLDs | UDRP, including at WIPO | The name is identical or confusingly similar to their trademark; the holder has no rights or legitimate interest; the name was registered in bad faith and is being used in bad faith | Transfer or cancellation, no damages. At WIPO usually about two months |
| .nl | SIDN dispute resolution regulations, administered by WIPO | The name is identical or confusingly similar to a trademark, trade name or other listed name protected under Dutch law; no rights or legitimate interest; registered or used in bad faith | Transfer to the complainant only |
| .eu | .eu ADR, at the Czech Arbitration Court or WIPO | A prior right (trademark, trade name, family name); the holder is acting speculatively or abusively | According to the decision |
| .be | Procedure at CEPANI (CEPINA), alongside the regular courts | The same three conditions as for .nl | The name is put "on hold" during the procedure |
| .de | No comparable procedure; you go to court | DENIC does offer the DISPUTE entry (see below) |
Note the difference between "and" and "or": under the UDRP the name must have been registered and used in bad faith. For .nl and .be, one of the two is enough.
The DISPUTE entry for .de
DENIC has no dispute resolution procedure like the UDRP; a dispute over a .de name is settled by the court. You can, however, request a DISPUTE entry at DENIC. The holder may then keep using the name, but can't transfer it to someone else. If the name is deleted, you get it. The entry is valid for one year and can be extended.
What is "bad faith"?
The procedures give examples: someone registers a name mainly to sell it to the trademark holder or a competitor, to obstruct the trademark holder, or to mislead visitors and profit from someone else's reputation. A typosquatter who registers a typo variant of a well-known brand and puts ads on it often fits that picture. Someone who uses a name in good faith for their own genuine business with that name usually does have a legitimate interest. Many cases revolve around that assessment.
Official information
- WIPO Guide to the UDRP
- Dispute resolution regulations for .nl domain names (SIDN)
- Domain name disputes (EURid)
- Dispute resolution .be (DNS Belgium)
- DISPUTE entry (DENIC)
Want to learn more? Take the free course Choosing and managing a domain name, lesson 7.2 Typosquatting and disputes.
