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Supreme Court allows fight for .nu to proceed
Kevin Murphy,
February 15, 2022, 13:59:32 (UTC),
Domain Registries
A lawsuit fighting for control of the .nu ccTLD can go ahead, the Supreme Court of Sweden has ruled.
The court confirmed last week that the Government of Niue has standing to sue, despite a lower court ruling in favor of .nu registry IIS’s claims to the contrary two years ago.
The ruling means the case will go to trial, according to Niue representative Pär Brumark.
IIS is the ccTLD registry for Sweden’s .se, but it also took over Niue’s .nu, which coincidentally means “.now” in Swedish, from its original American manager in 2013.
Niue has been fighting for .nu to be returned to its control for over two decades. The ccTLD has proven popular with Swedish speakers, and has about 250,000 current registrations, making about $5 million a year.
That’s a lot of money for a tiny island nation like Niue, which has never seen any cash from .nu sales.
Niue sued in 2018 and defied convention by publicizing its IANA redelegation request in 2021.
Niue’s case was dismissed by a lower court in 2020 after the judge ruled the government lacked ability to sue in Swedish jurisdiction. That decision was overruled (pdf) last year by a Court of Appeals.
IIS appealed to the Supreme Court, which last week declined (pdf) to hear the case, upholding the appeals court ruling. There’s no further avenue of appeal.
The case now goes back to the court of first instance for a trial. A date has not been set.
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