Claims without legal basis are dismissed

FICORA dismisses or chooses not to examine claims that are not based on domain name legislation. Domain name legislation contains an exhaustive list of grounds for removing a domain name from the register.

Below are examples of grounds for removal claims that cause the claim to be dismissed. Such claims are dismissed because they are not based on the provisions on domain names in the Information Society Code.

Grounds included in the Domain Name Act (228/2003) that have been repealed by the Information Society Code

Storage of domain names for the purpose of redelivery

  • The number or purpose of domain name registrations is no longer restricted.

Fi-domain name consisting of a combination of a first and last name

  • The combination of the first and last name of a natural person is no longer protected. After 5 September 2016, anyone can register an fi-domain name consisting of a combination of another person's first and last name.

Insulting domain names and domain names inciting into criminal activity

  • FICORA does not have the power to assess the insulting nature of domain names.

Domain name holder that has ceased to exist

  • An fi-domain name holder that has ceased to exist is not a ground for removal as such. However, the holder's information must be correct and up to date. FICORA has the right to remove a domain name from FICORA's register if such information is not, regardless of a request, corrected within a set period.

No functional name servers

  • Name server configurations are not mandatory for a domain name. However, if name servers are configured, they must comply with the Domain Name Regulation. FICORA performs automatic name server checks for fi-domain names to detect defective name server configurations. The defects are reported to the domain name registrar or technical contact person.

Termination of domain name

  • The provision on terminating domain names has been repealed.

Words indicating a form of an enterprise, foundation or association, their abbreviations or the word ‘trademark’

  • Registering fi-domain names that are identical to words indicating a form of an enterprise, foundation or association, their abbreviations or the word ‘trademark’ is no longer restricted.

Top-level domains

  • Registering fi-domain names that are identical to top-level domains (e.g. .com, .net, .se and .eu) is no longer restricted.

Claims based on a protected name or trademark owned by another party

Only the holder of the protected name or trademark can request a domain name to be removed from the register. External parties cannot request, for example, a domain name similar to another party's business name to be removed.

Other roots or fi-domain name as the ground for a removal claim

A domain name registered under another root, such as .com, .org, .net, does not create any rights related to an fi-domain name registered to another party. Correspondingly, an fi-domain name is not a protected name, and it cannot be used as a ground for removing an fi-domain name owned by another party from the register.

Native language characters in an fi-domain name

A holder of a domain name that does not contain native language characters does not have a priority to obtain a corresponding fi-domain name containing native language characters. An fi-domain name containing native language characters will be granted to the first applicant in accordance with the time priority rule.

Domain name not in use

Domain name legislation does not contain any requirements for using an fi-domain name. Name server configurations are not mandatory, but if name servers are configured, they must be technically viable. This means that a removal claim cannot be based on the fact that the domain name is not in use or it has no website.

Trademark application by the claiming party

In accordance with the time priority rule, the protection of registered names and trademarks begins when the registration application has become pending, and no changes have been made to it later. If the opposition period of a pending trademark application has not yet expired, it cannot be used as a ground for removing a domain name.

If the trademark is registered later, the holder of the protected name can request FICORA again to remove and transfer the domain name.

Claim based on a need for an fi-domain name

In principle, fi-domain names may be freely chosen. There is no requirement for a connection between the domain name and the holder's business name, trademark or operations. Therefore, a removal claim cannot be based on the fact that another party simply wants or needs the domain name.

Claim based on a contract of sale

A mutual contract of sale between two parties is not a ground for removing a domain name, even if the party that has sold the domain name was not willing for some reason to transfer the domain name to the buyer. The norms of contract law as well as other relevant legislation, such as damages or criminal law, are applicable to such cases and they do not fall within FICORA's competence. The parties can, if necessary, take the case to the general court of justice.

Pre-legislation practice

Before the Domain Name Act entered into force, FICORA examined in advance whether each fi-domain name met the requirements for granting the domain name. As a result, when removal grounds relate to protected names or trademarks, it should be noted that fi-domain names granted before 2003 have already been examined at FICORA in that respect. This means that domain names granted prior to the Domain Name Act cannot be removed as a protected name or trademark owned by another party or as a derivative obtained with the intent to benefit from it or to cause damage under domain name legislation.

Key words: Internet , Domain names

Updated 08.08.2016

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