The Indonesian Domain Name Registry ("PANDI") recently established a dispute settlement forum for the country code top-level domain name (ccTLD) .id. The forum is called Penyelesaian Perselisihan Nama Domain or Domain Name Dispute Resolution Forum ("PPND"). The purpose of PPND is to provide an alternative from District Court civil claims for dispute settlement related to the .id ccTLD.
When initiating a domain name dispute proceeding in relation to trademarks, a trademark owner is required to demonstrate that
(i) the registrant's domain name is identical and/or confusingly similar to a mark owned by the trademark owner concerned;
(ii) the registrant has no rights and/or legitimate interests in the domain name; and
(iii) the domain name has been registered or is being used in bad faith by the registrant. These three elements must be fulfilled for the trademark owner to prevail.
If a dispute over the same trademark is ongoing between the trademark owner and the registrant at the Commercial Court, this should be settled before initiating a domain name dispute proceeding, since the rights and/or legitimate interest in the domain name or the trademark concerned must be decided first.
To initiate PPND proceedings, the trademark owner must submit a complaint to the PPND by filing its objection, which consists of:
(a) the domain name in dispute;
(b) details of the registrant; (c) the trademark, including the specification of goods/services it covers, which is identical or confusingly similar to the disputed domain name;
(d) arguments of objection (maximum 3,000 words);
(e) name and details of the trademark owner or its proxy;
(f) name and details of the registrant;
(g) a statement from the trademark owner which states that "the trademark owner agrees that the objection in relation to the disputed domain name is addressed to the registrant (the holder of the domain name), and not to the Indonesian Domain Name Registry, the Panelists and the Registrar."
The registrant has the right to submit a response within 21 days after receiving the complaint. The PPND panel will then consider the complaint and issue a decision within 21 days after receiving the complaint and the response.
The panel's decision must be announced to the public within 7 days after it is made. The panel may declare that the domain name registration is transferred, cancelled, changed, or not changed. The registrar must execute the panel's decision within 21 days after receiving the decision with respect to PANDI Guidelines on Domain Name Registration. Decisions of the PPND are not binding on courts, as the parties still have the right to bring their dispute to the District Court even if the claim is the same.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
