Domain disputes and wait status Open all
In the event of legal disputes related to .at domains, a wait status can be requested. This status ensures that no change of domain holder can be performed for the duration of the dispute.
Generally speaking, there is no arbitration procedure for .at domains. If the out-of-court settlement of .at domain disputes fails, the parties can go before the ordinary courts.
The wait status is a ban on change of domain holder and can be requested in the event of legal disputes related to .at domains. This is to ensure, for the duration of the dispute, that the holder does not change and cannot evade responsibility by transferring the domain to someone else.
A wait status can be requested by anyone. However, the requesting party must be able to credibly demonstrate its legal claims to the domain, e.g. with a company or trademark register report.
If you wish to request a wait status for a .at domain, please contact the nic.at Legal Department by letter or e-mail (firstname.lastname@example.org), explaining what domain is at issue and what your rights related to it are. Enclose certifications such as company or trademark register reports. If the claim is legally justified, Wait Status 1 will be activated and both applicant and domain holder will be informed in writing.
Wait Status 1 remains effective for the duration of one month and can be extended by another month prior to expiry. Hence, the maximum possible duration is two months in all. Wait Status 2 remains effective for the entire duration of a legal dispute before the court or an arbitrator.
The wait status has no impact on the operation of the .at domain. It is not locked and data changes (change of domain holder excepted) can be carried out as usual. If a wait status was requested for your domain, we recommend that you verify your own legal claims to the domain. You are free to settle amicably with the applicant or to allow the case to go to court. The domain can be cancelled or transferred to the party applying for the wait status at any time. If you have any questions, please feel free to contact the nic.at Legal Department (email@example.com).
There are two possible options for the duration of the wait status: Wait Status 1 is effective for one month and can be renewed by an additional month prior to expiry.Hence, the maximum possible duration is two months in all. Wait Status 2 remains effective for the entire duration of a legal dispute before the court or an arbitrator.
If you do not request a wait status for the .at domain before you file a suit against the domain holder, there is a risk that the current domain holder will transfer the domain to someone else during the legal dispute. As a result, the legal action would become obsolete and would need to be filed against the new domain holder (who could, however, transfer the domain again, if no wait status is requested.)
No, there is no advantage for or positive discrimination of the party applying for a wait status when the domain becomes available again for registration. The .at domain will be made available again for registration according to the first-come first-served principle.