Intent to benefit or cause damage
A removal claim is handled in accordance with the Information Society Code and the clear intent to benefit or cause damage is always assessed case-by-case.
In order for FICORA to decide to remove an fi-domain name from the register, there must always be strong proof of violation of rights. A party making a claim must always present grounds for the fi-domain name holder's obvious intent to benefit or cause damage. After that, the domain name holder must submit a clarification to FICORA explaining the intent of registering the fi-domain name in question.
The assessment criteria of the intent to benefit or cause damage were not amended in the Information Society Code. It is stated in the preparatory works of the Domain Name Act (HE 96/2002) that a domain name is regarded as to have been obtained with the intent to benefit if the domain name holder especially intends to obtain benefit from the reputation or fame of another party's protected name or trademark. The intent to cause damage may exist, for example, if the registering party's domain name is likely to harm another party's business activities. The motive behind the intent to cause damage may also be the intent to prevent the holder of the trademark right from obtaining the domain name.
When assessing the intent of registering a domain name, the following may be taken into consideration
- the name on which the domain name or claim is based is exceptionally well-known or it has significant business value
- the parties concerned compete in the same market.
In addition, it is necessary to provide additional clarification supporting the intent to benefit or cause damage.
There is a risk of confusion with all names, trademarks and domain names that resemble each another. The ground for removal does not exist if only
- a holder of a protected name or trademark suffers damage due to using an fi-domain name
- an fi-domain name holder obtains benefit from using its fi-domain name
unless the specific intent of registering the domain name has been to cause damage to the holder of the protected name or trademark or to unlawfully benefit from a right already protected by another party.
FICORA hears the parties several times, if necessary. The party making the claim must always provide as solid grounds as possible to support the claim.