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First .Tel UDRP Will Be Important

Dispute over osram.tel will test new top level domain.

Osram GmbH has filed the first ever UDRP dispute for a .tel domain name, going after the domain Osram.tel.

This should be an interesting case because of the differences between .tel and other top level domain names. In a UDRP, the complainant must prove three things:

1. The domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights

2. The Respondent has no rights or legitimate interests in respect of the domain name

3. The domain name has been registered and is being used in bad faith

The first requirement will be the same on .tel as other domains. But the second and third requirements will have to be proven in different ways than is sometimes done for “regular” domain names.

Typically, the complainant will point to the respondent’s web page or parked page and say that the respondent is making money from it. On .tel pages there are no official ads and content is limited. So it will be harder to show this. Complainants also point out when the respondent hasn’t used the domain name yet, saying this is proof he didn’t have plans to use the domain. But .tel domain names take 1 minute to set up to what would be considered a “developed domain”, so this will also be harder to use against the respondent.

I suppose one type of “bad faith” proof would be if a lawyer included his phone number on famouslawfirmname.tel to capture business from it. But I suspect .tel UDRPs will be a challenge for complainants.

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  1. TelFeeder Service

    I personally don’t think its going to be a landmark case at all and the same consideration that is given to other top level domain names would be given here as well.

    Dear Telowners: Please don’t be under the mistaken assumption that just because you registered a domain name before someone else you are “entitled” to it. Trademark and copyright laws still apply and a legitimate holder can seek legal recourse like Osram is doing above.

  2. R3 Tel

    Looks like after less than 90 days in general release, Companies are awakening to find, as they were preoccupied with the financial crisis and burnt out on .net, .info, .mobi. and .whateverelse, a unique TLD .tel arrives and some are caught napping.

    Cool, just what we need…

  3. Den

    From outside such large corporation as OSRAM, thanks for registration of the trade mark could tell simply and redeem on the silent.
    And to have legal proceedings, most likely, it is not clear with whom, it is simple falling of the image.

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