Since September 2017 a new ADR service for IP rights holders has been providing by the Arbitration centre for alternative domain dispute resolution as a part of the European Information Society Institute – EISi. This ADR Centre administers and coordinates activity of experts deciding disputes in accordance with the ADR Rules for .sk domain. As of to date, more than 30 domain name disputes were solved and decided: vogue.sk, ryanair.sk, aspirin.sk, converse.sk, viagra-eshop.sk or levi.sk to name just a selection of the most prestigious brands involved. And more than 33% of all these domain name disputes were either initiated by the law firm Bukovinsky & Chlipala (with full success) or decided by the expert Tomas Klinka, who is the Head of IP Department at Bukovinsky & Chlipala.
An approximate length of the ADR proceedings before the Slovak ADR Centre does not exceed three months, which is comparable to other relevant ADR providers.
The basic ADR fee is € 1.150 for 1-5 domains provided that the complainant, the domain holder and the protected mark (namely trademark or business name) are the same. Higher fees are charged if a panel of experts is involved.
Only one decision of the ADR Centre was challenged in the court (with no success). All decisions are published on ADR Centre website.
To win a domain name dispute in ADR a complainant has to file a proposal with the ADR Centre in which it affirms that (i) the chain of characters forming the domain in question is identical or similar to the protected mark whereto the complainant has or performs rights, (ii) there exists a likelihood of confusion between the domain and the protected mark (not applied if it enjoyes a reputation); and at the same time (iii) the domain has been registered or acquired without the current registrant having a right to or a legitimate interest in the domain or the protected mark and at the same time the domain has not been registered, acquired and used in good faith.
Would you also like to protect or enforce your brand or trademark in Slovakia?
Then please do not hesitate to contact us. Our patent attorneys and attorneys at law are experienced and highly qualified in all areas of intellectual property law, both nationally and internationally.
Source: https://adr.eisionline.org/sk/