domain Names in Luxembourg: New procedure for claimants

From 11 June 2013, any person or company alleging that its right to use a ".lu" domain name has been infringed may file a claim with DNS-LU (a service operated by Restena, the public service provider in charge of managing the country code toplevel domain). Once the claim is filed, any transfer of rights on
the domain name to a third party will be blocked, except if the rights are transferred to the claimant (if the underlying dispute concerning the domain name is resolved between the parties).

DNS-LU will neither play a part in the claim nor act as a mediator or arbitrator between the conflicting parties to help them to settle their differences.

To file a claim, the claimant must fill out the form available on the dns.lu website, then send it to DNS-LU together with supporting documents (either in French, German, or English) that prove the claimant's rights to the domain name.

Parallel to the complaint form submission, the claimant must have taken the necessary formal measures against the wrongfully-claimed-to-be right holder who is infringing the claimant's rights.

The claim will be valid for one year, subject to an extension for an additional period of six months if the extension has been requested expressly.

If the dispute between the parties is resolved, the claimant must submit a request of transfer of the domain name to any .lu service provider of his choice. This request will be verified manually and validated by DNS-LU, subject to having received all the documents showing that the dispute has been resolved and is in favour of the claimant.

If the domain name is cancelled during the dispute period and no settlement is reached, the domain name will become available to third parties, and DNS-LU will deny the claimant of any preferential registration right on the same domain

The rules regarding this new procedure will be set out in the DNS-LU terms and conditions from 13 June 2013.

(Johanne Mersch)

The rules can be found on http://www.dns.lu.