DOMAIN NAMES
interests of businesses that have managed to create value for their distinctive signs remains undisputed. Tis is further enhanced by the widespread use of domain names as trademarks. A basic principle that applies to any conflict between a distinctive sign, such as a trade name, shop name or trademark, on the one hand, and a domain name on the other, is the principle of temporal priority.
Tere are two ways of resolving conflicts relating to a domain name dispute in Greece: following administrative
proceedings or litigation before the civil courts
Administrative proceedings Te existing administrative proceedings in Greece for domain names ending in .gr are administered by the Hellenic Telecommunications and Post Commission (EETT), which convenes in a three-member dispute resolution panel. Tis procedure takes no longer than four months and allows a trademark owner to request either the deletion of the infringing domain name or its direct transfer to him. Te participants in the procedure initially submit their arguments only in writing, unless the commission deems it necessary that
engaging in
“THE FIRST PRACTICAL DIFFICULTY ARISING AT THIS POINT IS OBTAINING THE DETAILS OF THE DOMAIN NAME HOLDER. THESE ARE NECESSARY FOR FILING THE COMPLAINT.”
arguments orally. Both parties have the right to file an appeal against the decision issued by the EETT, before the Administrative Court of Appeals.
the parties also plead their
Te complaint for deleting a domain name may be filed with the EETT by any party that has a legitimate interest. Tis applies especially in cases where the domain name is identical to a registered name, or so similar that it will
cause confusion, or in cases where the domain name has been registered by a party that has no valid claim or interest in the name, which was registered or used in bad faith.
Te first practical difficulty arising at this
point is obtaining the details of the domain name holder. Tese are necessary for filing the complaint but there is a chance that they may not appear on the Whois data. In such a case and given that
this information is treated as
sensitive personal data and cannot be otherwise obtained, the applicant will require an order issued by the public prosecutor.
At the same time, and in order to temporarily deactivate the infringing domain name, the applicant may either file for a provisional injunction before the civil courts (which is time- consuming) or request the same from the EETT on the condition that there is sufficient proof that the contested domain name will be deleted aſter meeting the aforementioned requirements. Te domain will be deactivated until an irreversible ruling has been handed down by either the EETT or the court.
Once the EETT has all the necessary documents and supporting arguments, it will
92 World Intellectual Property Review Annual 2013
www.worldipreview.com
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