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What are the common disputes regarding .lt second level domains / domain names?

The disputes related to the domain or domain name are hereinafter referred to as domain name disputes. The disputes regarding the content, for example, the information published on websites, are not classified as domain name disputes.

The first case of the domain name dispute processed in the court was with regards to the domain name kosmada.lt (2005).

Types of the domain name disputes:

  • Regarding the procedure – domain creation, suspension, domain deletion, etc. Such disputes may occur between a customer and a registrar or between a domain holder and .lt registry regarding the performance or failure to perform the specific procedure according to the assigned competence;
  • Regarding the transaction – cession of the rights to domain or refusal to cede the rights. Such disputes may occur between a domain holder and an interested person regarding the signed cession agreement or refusal to make one;
  • Regarding the domain name. Such disputes may occur between a domain holder and interested person regarding the label used in the domain name.

The reasons for the disputes regarding the domain name – conflict of interests in the relationship (based on the dominant requirement; number of cases in the Lithuanian courts until 1 October 2018):

  • Domain name and trademark – 74 cases;
  • Domain name and title of the legal entity – 23 cases;
  • Domain name and name of the natural person – 1 case;
  • Domain name and object of copyright – 2 cases;
  • Among the competitors – 5 cases regarding the identical / misleadingly similar label or label misleading with regards to the possession of the domain.