Dispute of domain name holder

General priciples regarding a domain name holder Dispute

All domain holders are personally responsible for making sure that their domains do not infringe the rights of anyone else. For this reason, anyone who feels that his rights have been infringed by a domain name must contact the holder of that domain and not DNS-LU. DNS-LU can, however, assist the claimant by filing a formal notice with DNS-LU regarding a domain name holder Dispute. A domain that bears a domain name holder Dispute notice can still be used by its holder, but cannot be transferred to anyone else ("trade").

Before DNS-LU will assist the claimant, he/she must submit evidence to DNS-LU showing that he/she might have a right to the domain. The claimant must also have instigated formal measures (legal action, arbitration, ...) to enforce his/her rights against the domain holder. The filing of a domain name Dispute notice thus facilitates the transfer of the domain to the claimant once its rights are confirmed through a legal decision or other formal resolution during the dispute period. Only contacting a domain holder requesting a domain transfer is not considered as such a formal measure.

A Form for establishing a domain name holder Dispute notice is available for downloading. The application must be duly signed and the original returned to DNS-LU, accompanied with all relevant documentation supporting the claim.

DNS-LU will inform if the domain name holder Dispute entry has been accepted in favor of the concerned domain.

The domain name holder Dispute entry is valid for an initial period of one year. DNS-LU will, however, extend it for an additional period of six months, provided the claimant submits another request, accompanied by documentation showing that the disagreement with the domain holder has still not been resolved.

Domains may not be transferred by the current domain holder by simply deleting it. Once a domain has been deleted, it will go into quarantine for 30 days and may only be restored again by the current holder. After the quarantine, the Dispute entry will be void and the domain will be available again for registration by anyone else who is interested. This is also valid for a domain bearing a dispute entry.

If the disagreement between the claimant and the domain holder is solved, the claimant must inform DNS-LU accordingly accompanied with all the supporting documents that prove the resolution of the dispute. The claimant should then instruct an accredited .lu registrar to initiate immediately a Trade request which may then be authorized by DNS-LU. Only this procedure may guarantee a proper transfer in favor of the claimant.

The claimant for which the dispute entry has been set up, has the right to ask for it to be removed at any time. He should however, use the special Form for this purpose, sign it and send the original to DNS-LU. Once the Dispute entry has been removed, the domain is available again for any trade requests.

Note that DNS-LU does not charge for any fees for setting up Dispute entries or for removing them.