Objections on Saudi Domain Names
Since domain names are considered to be a one of the Internet scarce
resources, It is natural for competition on domain names to occurred, it is
anticipated that disputes over domain names or will happen between different
parties who claim the right of using a domain name.
Whether this happens before or after the allocation of the domain names the Communications and Information Technology Commission represented Saudi Network Information centre has approved a specific mechanism for submitting and handling objections detailed in the documents ( Saudi Domain Names Objection Rules ) and ( Procedures for Submitting an Objection to Saudi domain names )
The objector should refer to the above mentioned documents for the full details on how to submit the objection and how it is going to be handled .
This document attempts to clarify and highlight the most important points in those documents, it is not intended to replace them .
What is an accepted objection?
Not all objections are accepted, The rules and procedures defined the set of
accepted objections any request that does not satisfy the conditions of an
accepted objection will be rejected .
The most important condition for an accepted objection is to be an objection on a decision issued by CITC. As an example of an accepted objection, applicants can object on domain name registration for some entity, or the domain name transfer, it is also possible to object on rejection of a domain name registration or domain suspension.
Objections on decisions that are not made by CITC are not accepted, for example objections on a gTLD domain name registration or objections on some types of content published using a Saudi domain name .
In the case of objecting a domain name registration, the registration must clearly violate the terms and conditions of the Saudi domain names regulations or any other rules or procedures may be issued by CITC.
In some cases the objection is based on the claim the domain in question is similar to or mimics the objector domain name or the objector commercial name or trade mark; provided that the registration or the use of such domain name was done in a bad faith.
Who can Submit an objection ?
Any natural or legal person may submit an objection to CITC, subject to the terms and conditions stipulated in the Saudi Domain Names Objection Rules and Procedures . and one of those conditions is completing all needed information and documents and confirming its correctness .
How can I submit an objection ?
The objections must be submitted electronically following the domain name objection procedure , one of the steps of that procedure is to create an account on SaudiNIC website and the link used to start the objection can be found as a part of the account services .
Accepted Objections must fall in one of the following types :
- A dispute over the eligibility : A registered domain name (to a third party) that is similar to or mimics the objector domain name or the objector's commercial name or trade mark; provided that the registration or the use of such domain name was done in a bad faith.
- Existing registrant is violating the regulations : A registered domain name is clearly violating the terms and conditions of the Saudi domain name regulations or any other rules or procedures may be issued by SaudiNIC
- Other : To make an objection on SaudiNIC's decision related to a domain name service request.
Conditions for accepting an objection of the type (A dispute over the eligibility)
To accept an objection of the type ( A dispute over the eligibility ) the objector should provide evidence and documentations to proof the following :
- First: The domain name is identical or confusingly similar to a trademark or trade name in which the objector has rights: Demonstrate the rights owned by the objector, and the similarity or confusion
- Second: The current registrant has no rights or legitimate interests in respect of the domain name Demonstrate the illegality of the current registrant for the contested domain name
- Third: The domain name was registered and is being used in bad faith, the occurrence of one of the
following events for example and not limited to, is considered as an evidence of
- By any form, the registration was conducted for the purpose of selling, renting or transferring the domain name to the objector in his capacity as the owner of a trade mark or a commercial name corresponding to the domain name under objection or to a competitor of the objector.
- The registration was conducted for the purpose of preventing the holder of a trade mark or a commercial name from registering a domain name corresponding to the holder trade mark or commercial name.
- The registration was conducted, or the domain name was used for the purpose of impeding the objector business activity.
- The purpose of registering or using a domain name was to attract or redirect internet users to visit a website which deceive the users that this website is under the supervision and/or sponsorship of the objector or is related to him/her or to any of his/her trademarks and commercial names.
Will any submitted objection be accepted ?
After a successful submission of an objection request it will be reviewed to ensure that it is a valid one . as a result of that CITC may request more information or documents or reject the request with an explanation of the reasons of rejection , generally not all Objection requests are necessarily accepted. the Saudi Domain Names Objection Rules and Procedures have full details of the conditions for an accepted objection.
Processing the request
After a successful submission and acceptance of an objection request, CITC will forward a copy of the objection to the defendant. The defendant must reply to within a period of time. After that the deliberation will continue and information is gathered specially from both parties until CITC have enough information to make its judgment .
What are the possible outcomes of an objection?
CITC must issue its decision within 60 days from the date of the request
acceptance, the decision is then communicated to all parties, the decision can
be appealed in accordance with the provisions of the Telecommunications act .
decision on any accepted objection is limited to the following :
- Cancelling the registration of the domain name under objection.
- Transferring the domain name registration to the objector; provided that the objector fulfils the domain name registration eligibility requirements.
Implementation of the CITC decision on the objection
The decision issued by CITC for any objection is due for execution starting
from the date of issuance, without affecting the grievance or
appeal that may arise against the decision, unless a decision is issued by a
juridical entity seizing the execution of such decision.