.com.lb Domains Dispute & Policy
Last Update 20 August 2012. The most recent source for .com.lb domains dispute policy can be found at: www.aub.edu.lb/lbdr/Documents/dispute-resolution.pdf
LB Domain Name Dispute Resolution
GENERAL:
The Lebanese Domain Registry (LBDR) is a CLOSED COUNTRY registry.
To be entitled to apply for a XXX.LB domain name, the beneficiary entity should demonstrate official Lebanese status and should own the rights to the trademark/trade-name in Lebanon under class 35. We will refer to the domain name beneficiary entity as DOMAIN-BENEFICIARY.
Definition of Dispute:
The incumbent DOMAIN-BENEFICIARY might be infringing upon the rights of another Lebanese trademark name owner.
Nature of Dispute:
The LB domain name disputes are primarily disputes over Lebanese trademark ownership and the right to use of a trade name as part of a domain name. Registering a domain name does not confer any legal rights to that name and any disputes between parties over the rights to use a particular name are to be settled between the contending parties using normal legal methods.
Disputing Parties:
The dispute is between the incumbent DOMAIN-BENEFICIARY and the owner of a Lebanese Trademark. The LBDR is not a cpr144449003101 party in the trademark ownership dispute and has no opinion on who owns the use of the trade name as a domain name.
Registry Position:
To register a domain name under the Lebanese Domain Registry, it is mandatory to trademark the domain name in Lebanon under class 35 (rule in effect since October 1999 and enforced starting January 01, 2001).
Domain names are registered on a "first come, first served" basis. It is not the registry duty or responsibility to screen requested domain names to determine whether the use of a domain name by an applicant may infringe upon the right(s) of a third party. The DOMAIN-BENEFICIARYcertifies that, to her/his knowledge, the use of the domain name does not violate trademark or other statutes.
Given the fact that all Lebanese trademark certificates issued by Intellectual Property Office at the Ministry of Economy & Trade are tagged by a general disclaimer the registry cannot rule in an authoritative manner on the subject dispute. The LBDR registry takes a neutral position vis-à-vis any trademark dispute.
The LBDR encourages the disputing parties to settle their disputes amicably. The disputing parties should adequately document the LBDR registry on the trademark dispute settlement terms being conciliation, concession or non-revocable Lebanese Supreme Court of Commerce ruling. The registry will execute the settlement terms as they relate to the domain name right of use within the agreed upon settlement time limits.
If the DISPUTED DOMAIN is parked the registry will not process any update or change in status (except name server updates) until the dispute over the name is settled between the incumbent DOMAIN-BENEFICIARY and the trademark name OWNER or until the incumbent DOMAINBENEFICIARY completes his application.
The Lebanese Domain Registry operates under the Lebanese legal framework and will release copies of documents in its possession based on a Lebanese court order or ruling.
No Warranty:
Any material furnished by Lebanese Domain Registry is furnished on an "as is" basis. AUB and the LBDR make no warranties of any kind, either expressed or implied as to any matter including, but not limited to, warranty of fitness for a particular purpose or merchantability, exclusivity or results obtained from use of the material. AUB and the LBDR do not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement.
Ratified on: September 22, 1999 (to be effective immediately)
Ratified by: Nabil Bukhalid, Lebanese Domain Registry Administrator
