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Domain Name Dispute Resolution

Our firm is experienced in litigating domain name disputes. Below is a brief introduction of the domain name dispute resolution system of Taiwan.

According to the Rules of Domain Name Registration Management Services, complaint over domain name is may be filed to the dispute handling institution by the applicant when one of the following may be identified:

1) A domain name that causes confusion due to its similarity to the applicant’s trademark, logo, name, name of company and other marks

2) The register owns no rights or legitimate interests in the domain name

3) The register maliciously register or uses the domain name

In addition to the conditions mentioned above, domain name registration will be considered malicious if:

(a) The main purpose to register or obtain the domain name is to gain profit from complaint or from other competitors by selling, renting or using the domain name when the profit is more than the required fee of registration of domain name.

(b) The purpose behind the registration is to impede the complainant from using the trademark, logo, name, name of company or other identifiable marks to indicate the domain name.

(c) The main purpose to register the domain is to impede competitors’ business activities

(d) The register intends to use the domain name to cause confusion with complainant’s trademark, logo, name, name of company or other marks in order to mislead internet users to access to register’s website or other internet address for the purpose of making a profit.

In addition, according to Rules and Regulation of Handling Disputes, the applicant may simultaneously file juridical and administrative remedies as long as the action does not impede the original remedy. Finally, from March 29th, 2001, TWNIC started to accept the .tw domain name dispute cases, processed by Institution for Information Industry Science & Law Center and Taipei Bar Association.