Domain infringes trademark – dispute entry with DENIC?

DENIC is the administrative centre for .de domains and is responsible for their registration.

If a domain name infringes a trademark, the domain holder is the defendant, not DENIC. DENIC can, however, support you with a dispute entry in order to protect the domain in question from being transferred by the domain holder to a third party while a trademark infringement is being legally clarified. If such a transfer were to take place, you would have to take action against a new opponent, which would cost time and money.

A.  Dispute entry

        • A dispute entry signals that a domain is disputed and may only be made if the applicant can credibly demonstrate that a trademark has been infringed and will take action against it.
        • DENIC does not carry out a legal evaluation, but merely sets the domain to dispute status.
        • Duration: One year, with the possibility of an extension if the legal dispute continues.
        • Application: Online or by form, with proof of trademark rights and ownership of the domain.

B.  Risk without dispute entry

Without a dispute entry, the domain holder can transfer the domain to a third party, which means that the trademark right holder would have to take legal action against another party again. A dispute entry prevents this transfer and ensures that the domain will not change ownership until the legal dispute is resolved.

C.  End of the dispute

After a successful legal dispute, the domain can be transferred to the winner by DENIC at the latter’s request.

D.  Conclusion

The dispute entry is an important means of legally securing a trademark infringement by a .de domain. It protects the domain from transfer, gives the applicant time for legal clarification and enables the domain to be transferred to the rightful claimant after a successful lawsuit.

April 9, 2025
Vanessa Bockhorni
Patent Attorney

Sources:
https://www.denic.de/wissen, retrieved on 10/02/2025
https://www.denic.de/fragen-antworten, retrieved on 10/02/2025