.GU Domain Dispute Policy Guam FAQ

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  • Do you have a dispute resolution policy with respect to disputes over domain name registration?
  • Yes. On Aug 1 1950, the Organic Act was passed by Congress and signed by President Truman issuing Copyright and Trademark control to the territorial government of Guam. Empirically, many domain names issued thus far are trademark related. Ideally, the OWNER of the TRADEMARK certificate owns the DOMAIN NAME. Whenever domain ownership contention between parties arise, we desire the dispute to be resolved within the applicant's corporate entity or via the judicial system before the processing cycle concludes. Parties who have been issued usage of a domain name shall indemnify the Univ of Guam, the Government of Guam, its servants or agents and shall hold its servants or agents harmless against any loss, damage, liability, claim or expense resulting from claims asserted by any party regarding ownership or right to the use of a domain name under the .gu delegation. Further, public law 23-62 Dec 5, 1995 creates the mechanism for trademarks and tradenames to be registered via the Dept of commerce on Guam (671)735-0322 Fax (671)477-9031. By having a Guam rep who can apply for legal trademark protection with the Dept of Commerce, the issue of owning a domain name trademark can be settled legally without ambiguity. One of the main reasons for accepting the TLD delegation is that by specializing in this region, we are most able to comply with regional legislation which affects domain issuance. For example, the dominant language in this territory is 'Chamoru'. There has been practices in the past where other TLD's have issued domains to local businesses utilizing the Chamoru dialect with no safeguards that the domain names may hold sacred or sacrilegious meanings to the populace. CHAMORU NAMES If a Domain uses a Chamoru-Guamanian name, public Law 10-138, 17-10 requires that you consult with the Guam Place Name Commission regarding the appropriateness of your chamorro domain name. A chamorro word cannot be owned. However, if no objections are are raised by the appropriate agencies, we will assure that your name uniqueness and domain name will not be claimed by anyone if you employ it in the service of the People of Guam.

    Source: http://gadao.gov.gu/

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