A domain name is a name commonly used to locate an Internet address.
“gTLDs” is a Generic Top Level Domain such as with the core group consisting of .COM; .NET; .EDU; .ORG; .INT; .BIZ; .INFO; .GOV; .NAME; .PRO; .AERO; .MUSEUM; .COOP and other Generic Top Level Domain stipulated by competent Internet resources-related international organizations.
“ccTLDs” is a Country Code Top Level Domain, for example .VN for Vietnam.
“gSLDs” is a Generic Second Level Domain which include the following:
- VN: For organizations and individuals involved in commercial activities.
- VN: For organizations and individuals involved in business activities, equivalent to domain name “.COM.VN”.
- VN: For organizations and individuals involved in education and training activities.
- VN: For central- and local-level State agencies and organizations.
- VN: For organizations and individuals involved in the establishment and provision of online services.
- VN: For organizations involved in political, cultural and social activities.
- VN: For Vietnam-based international organizations.
- VN: For organizations and individuals involved in research activities.
- VN: For organizations and individuals involved in highly-specialized domains.
- VN: For organizations and individuals involved in the creation, distribution and supply of information.
- VN: For organizations and individuals involved in pharmaceutical and medical activities.
- VN: For proper names of individuals involved in Internet-related activities.
- And other domain name categories to be regulated by the Ministry of Information and Communication.
Under the current law of Vietnam, a domain name is not considered as intellectual property and is registered on the “first come first serve” principle. Moreover, Country Code Top Level Domain (including second level (under .vn) and third level (under .com.vn, org.vn, net.vn…)) is not under jurisdiction of ICANN UDRP that sets out the legal framework for the resolution of disputes over the abusive registration and use of an Internet domain names as Vietnam has not yet adopted the Policy. Therefore, to resolve domain name dispute and subsequently revoke and/or transfer IPR infringing domain name to the real owner, IPR holders can choose one of the following courses of action:
(i) Through negotiation and conciliation;
(ii) Through arbitration;
(iii) Through administrative actions; or
(iv) Initiating a court proceeding
The legal bases to settle the above-said domain name dispute include:
a. The domain name under dispute is identical or similar to the domain name of the plaintiff; identical or similar to a trademark or name;
b. The defendant has no lawful right or interest related to the domain name;
c. The defendant leases out or transfers the domain name to the plaintiff who owns the name or trademark that is identical or confusingly similar to the domain name; leases out or transfers the domain name to the competitor of the plaintiff for self-seeking purposes or for illicit profits;
d. The defendant appropriates the domain or prevents the plaintiff who owns the name or trademark from registering the corresponding domain name for unfair competition;
e. The defendant uses the domain name to tarnish the reputation of the plaintiff, obstruct the business of the plaintiff, or cause confusion and destroy the trust of the public in the name or trademark of the plaintiff for unfair competition;
f. Other cases in which the defendant is proved that his or her use of the domain name violates lawful rights and interests of the plaintiff.
Our main services include but not limited to:
- Registering and renewing domain names;
- Providing legal advice and best strategy to handle domain name dispute and/or revoke the infringing domain name;
- Representing the clients to contact and negotiate with the Registrant to get his/her intention in registering domain name. If the Registrant offers an unreasonable high selling price for the domain name, this offer will serve as one of the important evidences for the subsequent petition against the cyber squatter;
- Filing and pursuing complaints to the competent authorities requesting for administrative actions against infringements involving domain name;
- Assisting the clients in preparing and filing arbitration claims or statement of defense, pursuing and representing the Clients in all arbitral proceedings;
- Preparing and lodging lawsuit before a competent court;
- Representing clients in court proceedings and hearings.