It is possible that a domain name may be registered that conflicts with certain rights of a third party.
The registration of domain names takes place on the general principle of "first come, first served". Consequently, it makes no assessment of any rights that the applicant may or may not have over a similar domain name. Nor does it rule on the suitability of the domain name for the intended purpose. It is thewho bears total responsibility for the use made of the domain name and the content of any website linked to the domain name.
The content-related examination of actual disputes arising from the registration or use of a domain name must be ruled on by the relevant government bodies with jurisdiction. Which is why the general terms and conditions that apply to all .be registrants state that "All other disputes between the domain name holder and any party other thanBelgium over the domain name registration must be resolved through any court proceedings, arbitration or other available proceedings". Similar statements are included in the terms and conditions for registrants of .vlaanderen or .brussels domain names.
When settling a domain name dispute, the rights of the parties have to be evaluated with respect to content (for example: does the complainant have intellectual rights to a particular domain name? Is there misuse of the trading name or personal name of the complainant and so on). Such evaluations come under the sole authority of the courts or accredited bodies for dispute settlement and do not come under the jurisdiction of DNS Belgium.
In the event of a dispute about domain names, we recommend to come to an amicable agreement with the other party by urging the other party to transfer the domain name and to do so by setting the details of the transfer down in a written agreement. It is also possible that the registrant may ask for a specific amount of money for the transfer of the domain name to take place. This may indicate that the domain name has actually been registered illegitimately, but it depends on individual circumstances. In itself, asking for an amount of money for the transfer of the domain name is not unlawful.
Based on the transfer agreement, the domain name can be transferred to the party taking on the domain name. The selected by the latter will do so using the existing procedure.
However, if the current registrant emphatically refuses to go ahead with the amicable transfer of the domain name, consideration can be given to undertaking procedural measures. If that is the case, there is a difference between the procedure for .be domain names, and the procedure for .vlaanderen or .brussels domain names.
If you are convinced that your rights have been violated as a result of the registration of a certain .be domain name, you can bring the case to an authorised judge or the Belgian Centre for Arbitration and Mediation (CEPINA).
The two possible procedures are:
If you are convinced that your rights have been violated as a result of the registration of a certain .vlaanderen or .brussels domain name, you can bring the case to an authorised judge (if the domain name holder has a residence or an establishment in Belgium) or one of the-approved providers.
The two possible procedures are: