.lu Domains Dispute & Policy
Last Update 20 August 2012. The most recent source for .lu domains dispute proceedure can be found at: www.dns.lu/en/support/faq/litiges-de-noms-de-domaine/83/
Disputes
The main points relating to disputes are given below. They summarise the provisions of the Domain Name Charter, including its preamble, and of the specific Terms and Conditions of DNS-LU. These provisions apply regardless of the management method chosen (classic procedure or online with DNS-LU) or the accredited registrar used.
Applicant/domain name holder responsibility
It is the responsibility of the person submitting a registration request to the accredited registrar to carry out preliminary checks to ensure that it is entitled to use a name, when this right is invoked for domain name registration.
All domain name holders guarantee to RESTENA that the information provided is correct. This guarantee is given by accepting the Terms and Conditions when the domain name is registered, whether this is done directly with DNS-LU using the classic procedure, through the online platform my.lu or through another accredited registrar.
Third cpr144449003101 party rights
Acceptance of a registration request does not constitute recognition of the registrant’s right to use the domain name, particularly with regard, for example, to the names of natural persons, company names, brand names, etc.
Principally the registrar does not carry out any checks with regard to rights to domain names. It is the responsibility of anyone who considers a domain name to have been registered unfairly or illegally, or who feels they have been wronged by such a registration, to take action against the domain name holder. RESTENA Foundation, in its capacity as the manager of the .lu domain name database, does not accept any responsibility for the use of a domain name on the .lu domain name register and more specifically for any conflict with brands, registered or otherwise, or with any other right to the use of a name. RESTENA Foundation is in no way responsible for checking the right to use a domain name.
Conflict resolution
If a domain name has been registered on behalf of an entity or if such a registration is in progress, it is the responsibility of the entity who later wants to assign the same domain name to prove that it is entitled to assign the name and to act against the first entity.
Intervention by the RESTENA Foundation
It is important to differentiate between the relationship between the domain name holder and the registrar and the relationship between the domain name holder and a third party claiming the right to use a name registered as a domain name. Entities registering domain names are fully responsible for their right to said name.
Holders therefore accept in the Terms and Conditions that neither the registrar DNS-LU nor RESTENA Foundation in its function as manger of the toplevel domain .lu will arbitrate in conflicts resulting from the registration and use of a domain name. It is the responsibility of the disputing parties to either obtain a court ruling or to settle the conflict through an extrajudicial agreement. RESTENA’s role is limited to implementing any court or extrajudicial decision made against it, without RESTENA being obliged to check, on its own initiative, the definitive nature of such a decision or of the potential existence of contradictory decisions returned in other jurisdictions, whether they relate to the same dispute or not. So that RESTENA may act upon the decision, the first party to take the initiative should notify RESTENA of the decision by way of a letter sent by registered post.
