1. Abion
  2. /
  3. Insights & News
  4. /
  5. The .nu Domain Debate: Insights from the Recent Court Decision
.nu ruling

Discover how a misunderstanding over a domain name led the remote South Pacific Island of Niue into an international legal battle, shedding light on digital sovereignty and the hidden value of internet domain names.

The South Pacific Island of Niue is one of the most remote places in the world. In 1997, Bill Semich, a magazine editor from Massachusetts, gained control over the .nu domain from Niue. The agreement was marred by misunderstandings; Niue's leaders did not grasp the value of what they were conceding, thinking the domain was no more important than an international dialing code.

This was the beginning of a legal conflict that would take this small island from the South Pacific to the other side of the world - Sweden.

The unseen value of ".nu": Niue's realisation and attempt to reclaim rights

The “.nu” suffix was commonly used in Scandinavia, and this created an unknown value for the domain suffix. The Island of Niue felt cheated, as they weren’t taking part in the steady income of revenue from the domain suffix.

When the discovery of the value of the domain suffix was made the Island tried to cancel its previous deal with Bill Semich and reclaim its rights to “.nu”.

ales-nesetril-Im7lZjxeLhg-unsplash

However, the domain suffix was now controlled by the Swedish Internet Foundation (“Internetstiftelsen”).

The Island decided to test their rights and claimed that they were owed roughly 20 million USD in damages. The case has since been tried in the Swedish court. Last week their ruling came, and, to the Island of Niue’s disappointment, the court ruled in favour of Internetstiftelsen.

The Court's decision: Swedish jurisdiction sides with Internet Foundation

According to the court, Internetstiftelsen has acted in accordance with the regulations related to this matter. Internetstiftelsen does not have to apply for permission from the government of Niue in these matters.

Accordingly, a foundation can’t be liable for damages and based on this the petition was denied. Instead, the Island of Niue (and their representative Pär Brumark) needs to pay for the costs related to the court hearing, an amount of roughly 250 000 USD. A detrimental ruling for one of the smallest nations in the world.

International trademark

The future of digital sovereignty

If the decision will be appealed against is unclear at this time, however, if a potential appeal is granted, and won, what would this mean? Do countries have sovereignty in cyberspace? Will other domain suffixes follow in the Island of Niue’s footsteps? Regardless of the outcome, the complex nature of the case is important for the future of domain names and we will wait for the final chapter of this tale eagerly.

Images

Josiah Weiss via Unsplash
Wesson Wang via Unsplash
Gabriel Vasiliu via Unsplash

Annette Drorsén

AUTHOR

Annette Drorsén

Attorney at Law - European Trade Mark Attorney

Contact me

Contact us

Do you want consulting, advice or are interested in any of our legal services? Contact us and we will help you!

Related read

Digital IP – Trade Mark + dotBrand = The Ultimate Synergy?
Digital IP: Trade Mark + dotBrand = The Ultimate Synergy?
Domains
Firstpage
Okategoriserad
A dotBrand domain gives companies a secure, trusted digital space, eliminating impersonation, protecting consumers...
Authenticity Reinforced by dotBrand: Owning the Digital Experience
Authenticity Reinforced by dotBrand: Owning the Digital Experience
Domains
Firstpage
A dotBrand domain gives companies a secure, trusted digital space, eliminating impersonation, protecting consumers...

This website uses cookies

Cookies consist of small text files. They contain data that is stored on your device. To enable us to place certain types of cookies we need to obtain your consent. At Abion AB, corp. ID no. 556633-6169, we use the following kinds of cookies. To read more about which cookies we use and storage times, click here to access our cookies policy.

Manage your cookie-settings

Necessary cookies

Necessary cookies are cookies that must be placed for basic functions to work on the website. Basic functions are, for example, cookies which are needed so that you can use menus on the website and navigate on the site.

Functional cookies

Functional cookies need to be placed on the website in order for it to perform as you would expect. For example, so that it recognizes which language you prefer, whether or not you are logged in, to keep the website secure, remember login details or to be able to sort products on the website according to your preferences.

Cookies for statistics

For us to measure your interactions with the website, we place cookies in order to keep statistics. These cookies anonymize personal data.

Cookies for ad-tracking

To enable us to offer better service and experience, we place cookies so that we can provide relevant advertising. Another aim of this processing is to enable us to promote products or services, provide customized offers or provide recommendations based on what you have purchased in the past.

Ad measurement user cookies

In order to show relevant ads we place cookies to tailor ads for you

Personalized ads cookies

To show relevant and personal ads we place cookies to provide unique offers that are tailored to your user data