FAQ

NOTICE: The following answers to questions have been asked (or may be asked) most frequently by users of the .it domain dispute resolution service. In this way, a public answer is given, on this website, to recurring questions, in order to publicly clarify for everyone the procedural and non-substantive questions asked most frequently. The use of the FAQ therefore satisfies merely practical needs for greater access to the service, transparency, speed and cost-effectiveness.
The FAQ:

are not and cannot be interpreted as an opinion, recommendation or suggestion for the drafting and filing of deeds and documents
cannot be assimilated or equated to the rules and regulations on the resolution of disputes concerning .it domains or any other binding regulatory source
do not bind MFSD, the Case Manager, the Secretariat, the Panelists and the .it Registry

Updated as of April 1, 2025. By Avvocato Stefano Monguzzi, Case Manager.

WHO AND HOW MANY ?

POWER OF ATTORNEY ?

PROFESSIONAL MANDATORY ASSISTANCE ?

QUESTION

Is it possible to jointly indicate more than one legal entity as complainants (e.g. an operating company based in Europe) and a company based in a non-EU country, owner of trademark rights)?

ANSWER

Any natural or legal person who meets the requirements for the registration of a .it domain name (of age and with citizenship, residence or registered office in the EU, Norway, Iceland, Liechtenstein, Vatican City, Republic of San Marino, Swiss Confederation, United Kingdom) and who demonstrates a prior right infringed by the registration of the disputed domain name (see art. 4.1 of the Regulation for the Resolution of Disputes in the ccTLD .it) may file a complaint. Persons acting on behalf of natural or legal persons outside the EU are also entitled to file a complaint, provided that they hold a right (e.g. license or concession) specifically documented in the complaint.
The possible participation of the (non-European) right holder as co-applicant or "ad adiuvandum" cannot replace, for the purposes of the main legitimacy, the absence of subjective requirements on the part of the actual recipient of the requested reassignment provision.
The active legitimacy to the procedure must be functionally related to the possibility of obtaining the transfer of the domain name.
In this light, it is necessary that there is consistency between the subject who introduced the opposition procedure and the person proposing the reassignment procedure, under penalty of inadmissibility of the complaint.

QUESTION

Is it necessary to attach a power of attorney so that requests can be submitted in the name and on behalf of the complainant? If so, are there specific requirements for such documents?

ANSWER

The complaint must be accompanied by suitable documentation to prove the legitimacy of the complaint to file. In the presence of representation, it is therefore necessary to attach a power of attorney that demonstrates the existence of the power to file in the name and on behalf of the complainant. The document can be drafted in free form, as long as it contains the indication of the delegating party and the delegate, the object of the assignment and is signed by the legal representative; no particular formal requirements are required (e.g. notarization or apostille).

QUESTION

Is it possible to be assigned to filing on behalf of in the absence of a professional title (e.g. lawyer or IP attorney)?

ANSWER

The complaint must be accompanied by suitable documentation to prove the legitimacy to act of the complainant. In the presence of representation, it is therefore necessary to attach a power of attorney (PoA) that demonstrates the existence of the power to act in the name and on behalf of the applicant. The document can be drafted in free form, as long as it contains the indication of the delegating party and the delegate, the object of the assignment and is signed by the legal representative; no particular formal requirements are required (e.g. notarization or apostille). The regulations do not require technical assistance. It is recommended to contact an expert in the field.