New Criteria for Resolving Domain Name Disputes

According to Regulation 187/2023, recently published on NIC Argentina’s website (www.nic.ar), it will be understood that a domain is registered and/or used abusively or in bad faith –and, therefore, subject to revocation– if:

1) It is likely to cause confusion, deception, and/or identity theft in connection with a well-known and/or recognized trademark; to a copyright, to a trade name, to a company name, to a name or pseudonym of a person in Argentina or abroad, or to other subjective rights.

2) It is intended for sale or when undue profits are pursued, contrary to good commercial practices.

3) Another user’s access to the Internet is blocked and/or the business or personal activity is intentionally disturbed.

4) The registrant has the sole purpose of accumulating domains without actually using them and lacks verifiable legitimate interest in it.

5) It was not delegated to DNS within a reasonable period of time (within the first 6 months as of registration), or the lack of delegation was not properly grounded.

6) The owner has been unable to prove a relationship with a real digital activity.

7) It uses generic words and is not used in direct relation to their meanings.

8) The owner intends to illegitimately divert clients or Internet traffic to another domain.

9) It includes aggravating, discriminatory, and/or contrary-to-law words or phrases.

10) It is likely to cause confusion, deception, and/or identity theft regarding national, provincial, municipal, and City of Buenos Aires government agencies, or any of the services they  or recognized national and international organizations provide.

The criteria in the regulation are illustrative.