WIPO Center Launches Domain Dispute Resolution Services for .AD and .CV

by Caitlin McLintock

Since launching the ccTLD Program in 2000, the World Intellectual Property Organization (WIPO) has actively guided many country-code top-level domains (ccTLDs) in setting up dispute resolution procedures that meet international intellectual property standards, while considering the unique needs of each ccTLD. This program is continuously expanding and now encompasses over 85 ccTLDs.

In 2024, WIPO welcomed new additions such as .LV (Latvia) and .RW (Rwanda). Additionally, in September and October 2024, WIPO extended its domain name dispute resolution services to include the .AD and .CV ccTLDs, representing Andorra in Europe and Cape Verde in Africa respectively. The latter TLDs are particularly intriguing due to their potential to be repurposed, and we’ll delve deeper into them in this article.

Potential for Practical Applications and Repurposing

The .AD ccTLD, which can be interpreted as “advertisement,” is attractive to advertising and marketing firms worldwide. Initially introduced in 1996 for entities connected to Andorra, it became available for registration on a “first-come, first-served” basis from October 22, 2024. This change, managed by Nic.AD, allows anyone to register an .ad domain for a minimum period of one year without needing documentation or proof of specific rights.

Equally, the .CV ccTLD, representing Cape Verde, can be repurposed to signify “curriculum vitae”, a term widely recognised for resumes (a document used in job applications to outline the applicant’s background and skills). In 2023, Cape Verde’s regulatory body, Agência Reguladora Multissetorial da Economia (ARME), awarded a five-year registry contract to the US-based company OlaCV to enhance the global visibility of the .CV top-level domain. Previously, only those operating within Cape Verde could register .CV domains.

Expanding the international use of both .CV and .AD ccTLDs could transform the TLDs into valuable digital assets for Cape Verde and Andorra, similar to the success of .TV (Tuvalu) and .AI (Anguilla). However, this potential success comes with risks for brand owners. As seen with .AI, repurposing a ccTLD can attract both legitimate users and bad actors. In 2023, .ai was among the top 10 ccTLDs for dispute filings with WIPO. Similar issues could arise with the global registration of .AD and .CV, highlighting the importance of understanding the newly launched dispute resolution procedures for these ccTLDs.

.AD – Adoption of a UDRP variant

As of September 5, 2024, the WIPO Center offers domain name dispute resolution services for .AD under the .ad Dispute Resolution Policy (adDRP), the Rules for .ADDispute Resolution Policy (.adDRP), and the WIPO adDRP Supplemental Rules. The adDRP applies to all domain names registered or renewed in the .AD namespace after May 22, 2024.

There are several key differences between the adDRP and the Uniform Domain Name Dispute Resolution Policy (UDRP) that brand owners should note. These differences include the covered rights, the element of bad faith, and the language of the proceedings.

While the UDRP is limited to the protection of  a trademark or service mark, the adDRP covers additional rights (so called “Relevant Identifier”) including company names registered with Andorran authorities and well-known personal names or pseudonyms in Andorra. However, there is one important limitation. The .adDRP – unlike the UDRP – does not allow a complainant to rely on unregistered rights unless previously validated by Andorran courts.

Regarding bad faith, the adDRP requires only registration or use in bad faith – under the UDRP, a complainant is required to prove both. In terms of procedural differences, if the respondent is located in Andorra, the language of the administrative proceeding will be Catalan. If the respondent is outside Andorra, the complaint can be filed in either Catalan or English. An overview of the current schedule of fees for .AD domain name proceedings can be found here.

.CV – Adoption of the UDRP

Starting in October 2024, OlaCV has appointed WIPO as the exclusive provider for resolving disputes related to .CV domain names. Unlike .AD, they have fully adopted the UDRP as their official policy. Consequently, the UDRP rules, standard fees, and WIPO’s supplemental rules are now in effect

In summary, the adDRP for .AD offers extensive protections by recognising a wider range of intellectual property rights and easing the evidential burden on complainants. Meanwhile, the adoption of the UDRP for .CV is a positive development, providing a globally recognised framework for resolving disputes.

It’s crucial for brand owners to keep an eye on the digital landscape for potentially infringing domain names targeting their brands. With ccTLDs like .AD and .CV lowering registration barriers, there’s a higher risk of bad faith registrations. That’s why having a top-notch monitoring tool is essential. Our industry-leading domain name monitoring tool, Com Laude Watch, scans the .AD and .CV spaces, helping brand owners stay ahead of any trends and protect their trademarks effectively.

If you would like to learn more about domain name enforcement actions, we can take on your behalf, or how you can monitor your brand in the domain name space, please reach out to us.