DOMAIN NAMES DISPUTES
The Chamber of Arbitration of Milan is involved in the resolution of domain names disputes. The Chamber is accredited by the Country Code Top Level Domain .IT Registry, the Italian authority that administers domain names and provides a list of dispute resolution centres specific to this kind of disputes.
The Registry, as well as the Chamber of Arbitration of Milan, operate in accordance with the rules established in this field by international authorities such as IANA (Internet Assigned Numbers Authority) and ICANN (Internet Corporation for Assigned Names and Numbers). The procedure may be activated only in specific cases, for instance when the contested domain name generates confusion as to a trademark or when it has been registered in bad faith (see the Rules linked below).
In all these cases the final decision will consist in reassigning the domain name to whom is found to be the legitimate owner. Given the highly technical aspects of this field, the Chamber of Arbitration of Milan relies on a list of experts who are entrusted with the task of making the final decision.
4.1 Introduction of the Procedure (Regulations Resolution in the ccTLD .it)
"All individuals or corporate bodies having the requirements for registration of a domain name under ccTLD .it can start a re-assignment procedure with an out-of-court disputes resolution service provider (PSRD) qualified by the Registry of domain names of the ccTLD .it (Registry) in the ways envisaged by article 9 of the "Procedure for qualifying out-of-court dispute resolution Service Providers within the context of the ccTLD .it" at its discretion.
The procedure can also be started on one's own behalf and on behalf of individuals or corporate bodies not belonging to the European Union providing that:
1. The petitioner is acting as licensee under a licence right explicitly recognised by the holder, and this is mentioned and proved during the re-assignment procedure; or
2. The petitioner is acting under an explicit legitimate concession of another right the breach of which has bearing on the re-assignment procedure, and this is mentioned and proved in the re-assignation procedure.
If the procedure is submitted by an entity not having the requirements for registering the domain name in the ccTLD .it, the complaint must be rejected through incapacity to sue. To this end the PSRDs are bound to explain this condition on their websites."