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Afnic Domain Name Industry Report : 83% success rate for claims involving domain names created 3 to 6 months

Afnic,the company behind .FR domain,highlighted in this month’s issue of its Domain Name Industry Report the Syreli procedure.

You can read the announcement after the jump :

“Afnic highlights the Syreli procedure in this month’s issue of its Domain Name Industry Report.

The December issue of the Afnic Domain Name Industry Report indicates a new key figure. After the growth rate for IPV6-compatible domain names with the .fr extension, Afnic focuses on the success rate of Syreli claims in relation to the age of the domain name. Everything suggests that rights-holders are reactive and quickly intervene to enforce their rights via the Syreli procedure. This no doubt explains the success rate of 83% found for cases involving recent domain names, filed between 3 and 6 months before the ruling.

The platform implementing the Syreli dispute resolution procedure was opened by Afnic on November 21, 2011, after publication of its rules and regulations in the Official Journal on November 3, 2011. The dispute resolution system is part of the new legal framework set up after the decision of the French Constitutional Council of October 6, 2010. It applies both to the .fr TLD and to the other extensions managed by Afnic (Mayotte, Reunion Island, Saint Pierre and Miquelon, the French Southern and Antarctic Territories, Wallis and Futuna).

Claimants must demonstrate, through a case filed through the Syreli platform on one hand that they have a right to bring action, and secondly that the domain name in dispute is liable to undermine public order, morality or the rights guaranteed by law, intellectual property rights or personality rights, or that it is identical or related to the names of local authorities or public institutions. Holders then have a right of reply through which they can demonstrate their legitimate interest in the domain name and their good faith in registering it; Afnic then gives a ruling within two months after the claim has been filed.

An analysis of Syreli proceedings since opening the platform in November 2011 shows that complaints about names registered for a long time result less frequently in a favorable decision than names registered more recently: domain names registered three to six months previously result in a favorable decision for the complainant in 83% of the cases, while the rate drops to 49% only for those more than three years old.

To recap, the Afnic Industry Report on Domain Names in France has changed format. Instead of being edited once a year, it has now become a monthly publication, each issue focusing on a specific trend, event or prominent figure.”

More information you can find here .

 

 

 

 

Facebook wins dispute over FacebookEmail.com domain name

Facebook has successfully won its dispute over the FacebookEmail.com domain name,after it took its complaint to the National Arbitration Forum .

Facebook filed a complaint with the National Arbitration Forum ,more than five months ago,on June 28,2012,asserting legal rights over the disputed domain name.

The company owns many trademark registrations for the “Facebook” word all over the world.Therefore,it is more than obvious that the disputed domain name is confusingly similar with its trademark.Facebook also managed to demonstrate that the respondent not only doesn’t have rights or legitimate interest in the disputed domain name ,but also that the respondent registered and used the disputed domain name in bad faith .

The respondent failed to submit a response in this poceeding .

The Panel ordered the disputed domain name to be transferred from the respondent to the complainant.

You can read the decision here .