1. Introduction
Through Resolution No. 187/2023, approved on April 17, 2023 and recently published on the NIC Argentina’s website, the Legal Department of this organization will follow new guidelines to solve Internet domain disputes. These guidelines refer to Internet domains that have been registered and/or used abusively or with bad faith.
2. Resolution’s Content
An Internet domain dispute is a process that enables a user to claim ownership of a domain that has been previously registered by another user. This can occur if the user believes they possess a stronger legal right or legitimate interest in the domain. Such disputes are initiated and processed exclusively through NIC Argentina, where the factual and legal grounds of the parties are examined, and a resolution is issued.
In this regard, NIC Argentina recently published Resolution No. 187/2023 on its official website (www.nic.ar). This directive [1], introduces guiding criteria, which are explicitly stated to be illustrative, for the resolution of disputes over internet domain registrations.
The outlined criteria mostly relate to domains that have been registered and/or used in bad faith or without legitimate interest. In this context, NIC Argentina understands that an Internet domain registration is deemed abused or in bad baith and, as a result, may be subject to revocation under the following circumstances:
1. When it leads to confusion, deception and/or identity impersonation concerning a well-known and/or recognized registered trademark, copyright, trade name, company name, personal name or pseudonym of a prominent individual in our country or the world, or any other subjective right.
2. When it is intended for sale or pursued for undue economic gain, contrary to established business practices.
3. When it obstructs another user’s internet access or deliberately disrupts their commercial or nonprofit personal activity.
4. When it is registered solely for the purpose of accumulating domains without genuine usage, lacking demonstrable or verifiable legitimate interest for such accumulation.
5. When it is not delegated to DNS within a reasonable timeframe (within the first 6 months of registration) or when the absence of delegation is not adequately justified.
6. When its owner cannot demonstrate a genuine connection to a digital activity, whether commercial or nonprofit personal.
7. When it consists of generic words and is not directly employed in relation to its dictionary definition.
8. When there is an intention to unlawfully divert customers, audiences, or internet traffic (web) to another domain. [dominio]
9. When it coincides with offensive, discriminatory, and/or illegal words or phrases.
10. When it leads to confusion and/or identity impersonation in relation to national, provincial, municipal, and C.A.B.A. government entities, or any services provided by them, or nationally and internationally recognized organizations.
Available at: https://nic.ar/es/dominios/normativa
