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How to Act When Your Company’s Name Is Registered as a .ee Domain by Someone Else?

Understanding the Context

When registering .ee domains, the widely recognized "first come, first served" principle applies. However, registrants are required to ensure that their actions do not infringe upon the rights of others. This can lead to risks, particularly in cases where the desired domain name is already registered as a trademark or used as a company name.

The risk is especially pronounced when the service linked to the domain name operates in the same industry as the trademark or company. However, simply registering a domain with the same name as a brand or company does not automatically constitute a violation of third-party rights. Each case is assessed individually in the event of a dispute.

Unfortunately, not everyone performs the necessary checks before registering a .ee domain. Some may make mistakes out of negligence, while others might register domains with malicious intent. To avoid such issues, EIF strongly advises registering your company’s domain at the same time as establishing your business.

If you find yourself in a difficult situation, there are steps you can take to address the issue.

Step 1: Identify the Domain Registrant

To identify the registrant, use the domain search tool on the internet.ee homepage.

If the registrant is a legal entity: The contact information will be publicly displayed. You can use this information to reach out to the current domain owner.

If the registrant is a private individual: The contact details are not publicly available. However, there are two ways to contact the registrant:

• Use the online contact form available on the domain information page.
• Submit a signed request to EIF for the disclosure of the registrant’s contact information.

The request must include legal justification, such as proof of payment for domain registration, renewal, or web hosting. EIF will evaluate whether the requesting party has a legitimate interest in accessing the data. For example, if a third party is using a domain with the same name as a company or brand, particularly in the same industry, this is typically sufficient justification for data disclosure.

Step 2: Contact the Domain Registrant

Once you have the contact information or have reached out via the online form, explain the situation to the domain registrant. It’s possible they were unaware that their actions violated someone else’s rights. Attempt to negotiate a friendly transfer of the domain.

However, if an agreement cannot be reached, you may need to escalate the matter.

Step 3: Contact the Domain Disputes Committee

If the domain name of your company or brand was registered in bad faith and negotiations for a transfer are unsuccessful, you can turn to the Domain Disputes Committee. This body, established by EIF, specializes in resolving domain-related disputes.

To file a complaint with the commission:

• Prepare a formal statement of objection that complies with their requirements.

• Include supporting evidence, such as proof of trademark registration or other relevant documentation.

It is highly recommended to consult a legal expert or specialist when preparing your submission. You can find more information about the Domain Disputes Committee here.

Additional Information

For a more detailed explanation of how to obtain a private domain owner’s contact information, refer to the review by EIF’s lawyer, Helen. If you have questions about a third party registering a .ee domain, please contact us at info@internet.ee.