.nl domain dispute resolution (SIDN geschillenregeling)
ReferenceThe national .nl domain has its own dispute resolution regulations established by the registry SIDN, with the WIPO Arbitration and Mediation Center acting as case administrator.
The model resembles the UDRP with notable differences: it suffices to prove that the domain was registered OR is being used in bad faith (the UDRP requires both), and a complaint may rely not only on a trade mark but also on a trade name protected in the Netherlands, a personal name or the name of an organisation.
Mediation is a mandatory stage: SIDN first invites the parties to settle; only if that fails is a panelist appointed to decide on transfer of the domain or rejection of the complaint.
SIDN implements the decision. Recourse to the Dutch courts remains available; in practice most .nl disputes are resolved under the regulations. The substantive basis for trade mark protection is the BVIE — see that instrument in our catalogue.