A specific alternative dispute resolution system (ADR) related to domain names registered in the country code ".it" is available in Italy, according to new rules in force starting from March 31, 2007 replacing the Naming Rules of 2000. This procedure, called Re-assignation Procedure of Challenged ".it" domain names, has been set up by the Italian Registry, which is the organization defining the rules for the ".it" domain names assignment and responsible for the assignment of domain names and the management of the National Registry and the primary Nameserver for the Top Level Domain ".it").

The Re-Assignation Procedure is an administrative procedure, applicable to all domain names registered under the ccTLD "it" which have been previously challenged according to instructions set forth in the Guidelines for the resolution of disputes in the ccTLD “it, and its purpose is to check the entitlement to use and/or the licit availability of the domain name by the registrant, and that the domain name has not been registered and it is not maintained in bad faith..

The Re-Assignation Procedure may be enforced and managed by special organisations (public or individual legal persons, professional law firms located in the European Union) called Dispute Resolving Service (DRS), which have been previously qualified by the Italian Registry on the basis of specific requirements

The qualified Dispute Resolving Service (DRS) shall set up a "List of Experts" of at least 15 people, amongst which those who challenge an ".it" domain name will select the expert (in case of a sole expert) or three experts (in case of a board of experts) for the decision of the Procedure.

The selection of a Dispute Resolving Service (DRS) to enforce and manage the Re-Assignation Procedure pertains exclusively to the subject interested in challenging an ".it" domain name. All costs related to the procedure shal l be the sole responsibility of those who dispute a domain name (also in case of a successful procedure).

The Italian Registrys is not involved in the Re-Assignation Procedure and shall not be responsible for the work carried out by the Dispute Resolving Service (DRS).

Tonucci & Partners has recently been qualified by the Italian Registry " Dispute Resolving Service (DRS) " for the challenged domain name ccTLD ".it" Re-Assignation Procedure. The Firm, with a significant background in IT Law, has set up a List of Experts composed of highly experienced lawyers.

Those who dispute a ccTLD "it" domain name, can select amongst the Firm's experts the one or the ones who will lead the Procedure, according to the established fees (Italian is the language of the Procedure).

In particular, the Re-Assignation Procedure shall regard any challenged ".it" domain name when a third party (hereinafter referred to as the "complainant") states the following:

1. That the challenged domain name is the identical or such as to mislead with respect to a trademark on which the complainant claims rights, or that the challenged domain name is identical to the complainant's name and surname.


2. b. That the current assignee (hereinafter referred to as the "defendant") has no right or title with respect to the challenged domain name.


3. That the domain name has been registered and is used in bad faith.

If the complainant proves the co-existence of all the conditions above, the challenged domain name shall be transferred to the complainant.

On the other hand, the defendant shall be deemed as entitled to the challenged domain name if he proves that:

1. Before being informed of the dispute, he used or objectively got ready to use the domain name or a name corresponding to the same to supply goods and services to the public.


2. He is known personally, as an association or commercial organisation, with the name which corresponds to the registered domain name, even if he has not registered the related trademark.


3. He is making lawful use of the domain name for non-commercial purposes, or for commercial purposes without the intention to mislead the complainant's customers or breach the complainant's registered trademark.

The following circumstances, if proved, shall be considered as evidence of registration and use of the domain in bad faith:

1. Any circumstance which may cause the domain name to be considered as having been registered for the main purpose to sell, transfer the domain name for use or otherwise to the complainant (who holds rights in the trademark or name) or one of his competitors, for a consideration, either money or other, exceeding the costs reasonably incurred into by the defendant for registration and maintenance of the domain name.


2. The circumstance of the domain having been registered by the defendant in order to prevent the holder of an identical trademark from registering such domain name as his own, and in order to use it for activities which compete with the complainant's activities.


3. The circumstance of the domain name having been registered by the defendant for the main purpose of damaging a competitor's business or usurp the complainant's name and surname


4. d. The circumstance of the domain name having been expressly used to attract Internet users for profit, by originating reasons f or confusing it with the complainant's trademark.

The listing above is not exhaustive, being only an example. The Dispute Resolving Service (DRS) may, therefore, argue or consider other elements of bad faith in the registration and use of the ccTLD ".it" domain name, even from circumstances other than those listed above.

The Re-Assignation Procedure is not of a jurisdictional nature, and, as such, does not prevent the parties from appealing, even at a later time, to the Courts or to the Arbitration Procedure provided by the Italian Naming Rules.

In any case a Re-Assignation Procedure cannot be started pending another judgment related to the challenged domain name before 1) the ordinary judge or 2) the Board of Experts, as provided by the Nam. Rul. (being the Arbitration Procedure different from the Re-Assignation Procedure) 3) an arbitration Board as per art. 806 of the Italian civil procedure Code. If a judgment is filed before the ordinary judge or an Arbitration Procedure is started pending the Re-Assignation Procedure, then the Procedure shall be extinguished.

If the Dispute Resolving Service (DRS) decides that the challenged domain name has to be re-assigned, the Board’s deliberation shall be enforced by the Italian Registry, unless the Registry receives, within 15 days from reception of the Board's deliberation, a suitably documented release from the defendant that proves that the defendant has filed legal proceedings or arbitration with respect to the challenged domain name.

If the legal proceedings or arbitration filed by the defendant are otherwise extinguished, the Italian Registry shall enforce the Board's deliberation on the complainant's request.

If the legal proceedings or arbitration filed by the defendant are otherwise extinguished, the Italian Registry shall enforce the Board's deliberation on the claimant's request.