Study on evaluation of practices for combating speculative and abusive domain name registrations

This study (Study) was commissioned by the European Commission to evaluate the practices aimed at preventing and fighting speculative and abusive .eu domain name registrations, in particular those related to the infringement of previously recognised rights. The Study assesses in particular: The .eu Registry’s collaborations with the European Union Intellectual Property Office (EUIPO), Europol and other European Union agencies; The .eu registration procedure; The .eu Alternative Dispute Resolution (ADR) mechanism in place for the resolution of domain name disputes. For the purpose of the Study, speculative and abusive registration is defined as a domain name registration identical or confusingly similar to a name in respect of which a right is recognised or established by national and/or Community law and where it: (a) has been registered by its holder with no right or legitimate interest associated with said name; or (b) has been registered or is being used in bad faith.1 Protected rights include, inter alia, registered national and community trade marks, geographical indications or designations of origin, and, insofar as they are protected under national law in the Member State where they are held: unregistered trade marks, trade names, business identifiers, company names, family names, and distinctive titles of protected literary and artistic works (all together intellectual property rights – IPR).2 According to Article 21 of Regulation (EC) No 874/2004, speculative and abusive registrations shall be subject of revocation, using the .eu ADR proceeding or a judicial procedure initiated by the rightsholders.