The out-of-court dispute resolution procedure (DRP) for the use of “.es” domain names developed by the Public Corporate Entity Red.es is based on generally applied international practices and the recommendations of international bodies and organisations engaged in activities relating to the management of the Internet domain name system.
A claim must be filed with an out of court dispute resolution provider accredited by the Public Corporate Entity Red.es, pursuant to article 13 of the Regulations for the Out-of-Court Dispute Resolution Procedure. Those involved in the system for resolving disputes regarding “.es” domain names out of court play various roles of which you should be aware:
The Public Corporate Entity Red.es, in this case, has the duties of ensuring compliance by the Providers with their obligations and enforcing the decisions made by the expert.
A Provider is a non-profit organisation that administers the claims and ensures that they are dealt with in accordance with the Regulations, after appointing an expert impartially and independently.
Parties, the claimant, an individual or organisation that files a claim before a provider against the defendant, the holder of the ".es" domain name in dispute.
Expert, a professional with proven experience in out-of-court dispute resolution procedures who resolves the dispute with the maximum rigour and independence, taking into account the contents of the claim and the arguments against it.
Requirements for recovering your domain
It is necessary to have prior rights* over an already assigned ".es" domain name to make use of this system, in accordance with the terms of the Regulations for the Dispute Resolution Procedure, approved on 7 November 2005.
The out-of-court dispute resolution procedure for domain names with the country code corresponding to Spain, “.es” may be used by any individual or entity with or without a legal personality that has any of the following prior rights:
Names of entities validly registered in Spain, names or indications of origin, trade names, registered trademarks or other industrial property rights protected in Spain.
Own names or well-known pseudonyms that identify professionally, among others, intellectual creators, politicians and figures from entertainment or sports.
Official or generally recognisable names of Spanish government departments and public bodies.
The reasons why the registration of the ".es" domain name is of a speculative or abusive nature* must be proven, especially:
The reasons why the “.es” domain name is identical or similar, to the point of creating confusion, to another term over which the claimant alleges Prior Rights.
The reasons why it must be considered that the Defendant lacks legitimate rights or interests over the domain name or names that figure in the claim.
The reasons why it must be considered that the domain name was registered or is being used in bad faith.
The ".es" domain name was registered or used in bad faith, when:
The Defendant registered or acquired the “.es” domain name primarily to sell, lease or assign under any title the registration of the “.es” domain name to the claimant who has Prior Rights or to one of his competitors, for a certain value that exceeds the documented cost directly related with that domain name; or
The Defendant registered the “.es” domain name in order to prevent the holder of the Prior Rights from using them through the domain name, provided that the Defendant was engaged in an activity of this type; or
The Defendant registered the “.es” domain name primarily with the aim of disrupting the business activities of a competitor; or
By using the “.es” domain name, the Defendant intentionally tried to attract, for profit, Internet users to his or any other website by creating the possibility that there might be confusion with the identity of the claimant in regard to the source, sponsorship, affiliation or promotion of his website or a product or service displayed on his website; or
The Defendant carried out similar acts to the above to the detriment of the Claimant.
The out-of-court dispute resolution procedure cannot start when there is an open cancellation procedure for the ".es” domain name. In all cases, legal recourse is always open to the Parties, regardless of the status of the suit.
The fee set by out-of-court dispute resolution providers for ".es" domain names is €1,400.
To resolve the claim, the expert will take into account the statements and documents submitted by the parties.
Within an average time of 2 MONTHS from the filing of the claim, the expert will decide in a reasoned decision that must be consistent with the demands in the claim and he may not make any decision regarding issues that are outside said claim.
Based on article 13 of the instruction regulating the DRP, the claimant must indicate in the claim whether he wishes the domain to be transferred to the claimant or simply cancelled
You must provide the Provider selected with at least the following information:
Three (3) copies of the claim, either in print or in electronic format
Details of the claimant
Manner of communication
Details of the defendant
Claimant’s prior rights
Abusive registration argumentation (< 5,000 words)
Purpose of the claim (whether the transfer or cancellation of the domain is requested)
Declaration of submission to Spanish jurisdiction
No claims declaration
Documentary proof of prior rights
Decision of the DRP
When a claim has been submitted, the Provider will notify Red.es, which will then block the domain. This means that the domain cannot be cancelled or transferred or the associated data altered.The holder of the domain (the defendant) has 20 calendar days to respond to the claim. After the established time frames have ended, the appointed expert will hand down a decision. The expert must decide:
To uphold the claim
A. To transfer the domain name to the claimant: in this case, after a maximum of one month from the notification of the decision to the parties and Red.es, the claimant must send in a request for the transfer to transmisionDRP@dominios.es. When this request has been received, the domain name will be transferred to the claimant.
B. To cancel the domain name, which can then be freely assigned Should the claimant not have indicated in the claim that he wishes to transfer the domain name in dispute.
Not to uphold the claim
In this case, the expert considers that the defendant was right and therefore the domain name must continue to be assigned to its former holder.
If within the aforementioned period of 30 days either of the parties notifies Red.es in a document certifying that legal proceedings have been commenced before a competent court, Red.es will suspend the enforcement of the decision until it receives a communication that said legal proceedings have been completed, unless the court decides otherwise.
Request for transfer
Request for transfer in compliance with the decision handed down in the out-of-court dispute resolution procedure:
Out-of-court dispute resolution providers for ".es" domain names are entities accredited by the Public Corporate Entity Red.es, with sufficient experience in out-of-court dispute resolution procedures and the defence of industrial and intellectual property to ensure their impartiality and independence when handling claims and appointing the expert who will resolve the dispute. In accordance with the objective, transparent and non-discriminatory conditions provided, the following out-of-court dispute resolution providers have been selected by the Public Corporate Entity Red.es:
The experts who will resolve disputes regarding ".es" domain names are highly qualified and have experience in out-of-court dispute resolution procedures for domain names, which provides the maximum guarantees for the resolution of the dispute.
The mechanisms established in the Regulations for the Out-of-Court Dispute Resolution Procedure guarantee the impartiality and independence of the expert. In all cases, both the claimant and the defendant may request the replacement of the expert, when they consider that he is not impartial or independent in this case.
Pursuant to Article 22 of the regulations governing the Out-of-Court Dispute Resolution Procedure for domain names with the country code corresponding to Spain, “.es”. The Registrar will publish all decisions handed down by experts in these proceedings in this section.