Attachment and seizure of a domain name
Although it's unlikely, you might get into a dispute with someone about a domain name. Occasionally, a dispute leads to one side taking the other to court. The disputed name may then be attached or seized, to stop it being cancelled or transferred to another registrant.
How to attach or seize a domain name
Attachment or seizure works like this:
You get a lawyer.
You'll need a Dutch 'advocaat' – a lawyer who can appear before a judge, like a barrister – to ask a court for an attachment or seizure order.
Your lawyer instructs a bailiff.
The bailiff's job is to put the court order into action. That involves delivering a formal court document to the registrant.
The bailiff contacts us.
The bailiff tells us that the domain name has been attached or seized. That can be done simply by e-mailing us a copy of the document delivered to the registrant. Alternatively, a copy can be delivered to us by a formal legal process known in Dutch as 'overbetekening'. The formal option isn't strictly necessary, however.
We'll make sure the domain name can't be cancelled and its registrant can't be changed.
As soon as we're told about the attachment or seizure, we freeze the domain name. That means the domain name can't be cancelled and its registrant can't be changed, unless you agree.
We'll unfreeze the domain name when instructed.
If the court lifts its original order, we'll unfreeze the name as soon as we get a copy of the new court order.
We'll also unfreeze the name if you (the distraining party) ask us to in writing.
During the time that a domain name is frozen, the registrant is still allowed to arrange for the name's management to be transferred to another registrar (hosting service provider).
Attachment or seizure can expire. For example:
If you fail to bring your case to court before the deadline specified by the court.
If you can't show that the order is still valid. We aren't in a position to know what has happened in your court case. Proceedings may have been halted, for example. So we may ask you to provide evidence that the order is still valid.
We don't charge for freezing an attached or seized domain name, or for unfreezing it later.