The relationships related to the registration, use, and cancellation of .am and .հայ domain names in Armenia are regulated by the legislation of the Republic of Armenia, as well as by the relevant domain registration regulations. Clause 43 of the registration regulations provides for the applicability of the legislation of the Republic of Armenia. Clause 44 establishes the procedure for the arbitration of disputes related to it. The amended version published by AMNIC on February 5, 2021, provides for the resolution of disputes at the arbitration institution affiliated with the Chamber of Commerce and Industry of the Republic of Armenia.
At the same time, the applicability of the arbitration procedure to a specific dispute, the jurisdiction of the relevant arbitration institution, and the possibilities for judicial protection are subject to separate legal assessment.
Grounds for cancellation of domain name registration
Clauses 45 and 46 of the regulations provide various grounds and procedures for the cancellation of domain name registration. Clause 45 relates to the cancellation of domain name registration by the registrar, including cases of providing inaccurate information at the time of registration or failing to fulfill certain obligations stipulated by the regulations.
Clause 46 provides for cancellation of registration through arbitration, particularly when:
- The requirements of the domain name registration regulations have been violated.
- There are grounds provided by the legislation of the Republic of Armenia or other legal acts of the registrar.
- The interested party substantiates its priority right to the domain name based on a legally protected trade name, trademark, geographical indication, or name of a guaranteed traditional product, while the domain registrar does not present adequate counterarguments.
- The registration of the domain name contradicts the customs of business circulation, principles of good faith and fairness, or creates a likelihood of consumer confusion under the conditions stipulated by the regulations.
The justification for the demand to cancel the domain name registration is assessed based on the relevant rights, the behavior of the parties, the evidence presented, and the applicable legal regulations.
Being a trademark holder is not sufficient to conclude that the registration of an identical or similar domain name is illegal.