Disclaimer
The help section indicates which information you should include in your submission and is intended to give practical guidance in how to complete Nominet's online complaint form. It is not intended to provide legal advice for specific cases, and you are encouraged to obtain your own independent advice if you are unsure how to complete the forms.
Before you start: Is the DRS the right thing to use?
To avoid duplication, we have tried not to repeat everything which appears in the Frequently Asked Questions (FAQ). Please have a look at it before you fill out the Complaint Form. The FAQ also directs you to some common scenarios which appear regularly in the DRS. Remember though, that the Independent Experts decide cases on the basis of the submissions in any particular case, so even if your case seems very similar to one that has been decided upon before, you may not get the same result.
Above all, read the Policy and Procedure which set out how the service works. If your case was filed on or before 24 October 2004 the Old Policy and Old Procedure will apply to it instead.
You may find it useful to print this document out so that you can refer to it as you go through the process.
Making your complaint
A DRS Complaint will look something like this when it is filled in: please note that this will be generated by our system once you have been through the online form. We cannot accept submissions in the same format that have not been made by our form because the data in them will not have automatically have been fed into our systems and as a free administration service we do not have the resources to type each case in by hand. An electronic copy of the form is sent to us by the system when you submit it, but you will also have so send us the signed paper version (plus 3 copies of any exhibits) before we can start the process. See the detailed guidance at the end of this guide.
Questions on the form:
Complainant's details
Please tell us whether you are an individual or a business. You should select "business" if you are a limited company, a partnership or an LLP (limited liability partnership) or a sole trader. Note that you must put a space between the first and last part of the postcode.
If there is more than one complainant, you must use this space to tell us which complainant wants which domain name, and which complainant is going to be the "lead complainant" who will deal with this (including the mediation) on behalf of you all.
Contact details
Please tell us whether or not you wish to appoint a representative to deal with correspondence from us. Your representative may be any other person, company or lawyer.
If you wish to complain in person, please provide the additional information requested.
If you wish to appoint a representative, please provide your representative's full details, including your representative's reference for this matter, if applicable.
It is vital that this information is complete and accurate, as we will use it in order to send all communications to you or your representative.
Fast track communication
We will send all correspondence to you by first class post. We can also correspond with you by ONE method of fast track communication (either e-mail or fax). If you wish to receive fast track communication, please specify which method you would prefer, and ensure that you have provided complete and accurate contact details in the Contact details section.
Respondent's details
Please provide any of the Respondent's contact details which are known to you: basic registration details can be found by consulting the WHOIS, which is available on our main webpage http://www.nominet.org.uk.
Disputed domain name(s)
Please list all domain names which you wish to dispute. Please note that a single complaint can include multiple domain names, as long as they are held by the SAME Respondent.
You should only include domain names which end in .uk (eg .co.uk or .org.uk) in your complaint. Domain names which have other endings (eg .com, .org. and .net) are subject to different procedures. Please see the FAQ.
If you are complaining about more than one domain name, each domain name must be written on a separate line.
The Complaint
This is the most crucial part of the complaint form: you have (up to) 2,000 words to state your case in the box provided. You are allowed to attach Exhibits in addition to that. Remember that the Independent Expert will make his/her decision on your case based on what is written here (plus any exhibits and evidence attached) - you must not assume that he/she will do any research into your case and you do not have any opportunities to bring in new evidence later.
You may have the opportunity to file a 'Reply' to the Respondent's 'Response', but the Reply is for answering new points that the Respondent raised, not raising new things.
In our experience the two main reasons why complainants fail in the DRS is:
It is vital that you refer to evidence in your complaint and then providing it in indexed exhibits or schedules to your complaint (3 copies). Doing this will massively increase your chances of success. Stating "and this can be provided on request" or "see our website" will not be enough.
In order to make a successful complaint you must prove BOTH of the following points on the balance of probabilities (which means that you must convince the Independent Expert that it is more likely that your case is correct than it is likely that the Respondents case is correct.):
a) That you have Rights in a name or mark that is identical or similar to the domain name(s);
AND
b) That the domain name(s), in the hands of the Respondent, is an Abusive Registration.
We recommend that you enclose the following information in your complaint.
Rights in a name or mark
1) A description of the Rights you are asserting, this could be that:
a) The Domain Name is identical or similar to your company name.
b) The Domain Name is identical or similar to your trade mark.
c) The Domain Name is identical or similar to your trading name.
d) The Domain name is identical or similar to your personal name.
2) If you are a business you should state:
a) How long you have been using the name or mark (evidence should be supplied).
b) What goods or services you provide under the name or mark (evidence should be supplied).
c) If the business has changed (e.g. gone from a sole trader to a partnership, or to a Limited Company, or from one limited company to another) explain how the rights (e.g. the goodwill) were transferred.
3) If you are asserting other Rights you should enclose evidence of those Rights, for example a birth or marriage certificate in the case of a personal name.
4) You should be clear about whether the rights existed before or after the date of registration of the domain name, and if they existed afterwards, explain why they are relevant.
5) If you are claiming rights in an acronym (e.g. Automaton Example Ltd claiming rights in AEL.co.uk) you should provide specific evidence of why that acronym is associated with you, and not merely a generic jumble of letters.
In the Example Complaint Form we have set out a series of number points which should help you structure your complaint. Whether you find these useful or not, please make sure that:
(a) You explain the situation in detail; and
(b) Provide evidence (as exhibits) to back up what you say.
Abusive Registration
In order to show that the domain name(s) is an Abusive Registration, you must prove on the balance of probabilities that the domain name(s) either:
i. At the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to your Rights; OR
ii. Has been used in a manner which took unfair advantage of or was unfairly detrimental to your Rights.
State the reasons why you consider the registration of the dispute domain names to be Abusive, in particular you should view paragraph 3 of the DRS Policy, for example:
a) Has the Respondent offered to sell the domain name(s) for more than the Respondent paid for it? If so, did the Respondent approach you with the offer to sell, or did you approach them?
b) Has the Domain Name been registered with the primary purpose of stopping you from using it?
c) Is the Respondent known to your business, for example, a competitor or an ex-employee? Or were they your distributor?
d) Has the Domain Name been used to confuse Internet users? If you are suggesting that users are confused by the registration of the domain name by the Respondent, how you say they are confused, why they are confused, what the effect of the confusion is, and preferably any proof that it has actually caused confusion (rather than just that it is 'likely' or 'obviously' going to do so).
e) Does the Respondent have a history of registering domain names which relate to trade marks in which they have no apparent rights, and if so, is this part of that trend? This does not necessarily have to be restricted to .uk domain names: generic endings such as .com and .org may be relevant too.
f) Has the Respondent given Nominet provably false information about his name and address, and is there independent proof of this? For these purposes, you, and anyone employed by you is probably not independent.
g) Did the domain name become registered to the Respondent as a result of previous dealings between you, and if so, have you been using and paying for it ever since?
h) Has the Respondent been through the DRS before? If so, has an Expert stated 3 or more times in the last two years that the Respondent has made an Abusive Registration?
Remember that what you write is all that the Expert will see, and subject to the 2,000 word limit, you should explain as fully and clearly as possible what the problem is. If you have spoken to someone at Nominet previously and gone through it with them remember that Nominet staff cannot give you advice on the exact content of your complaint and do not make the decision, so everything you have told us should be repeated.
The questions (a) to (h) above mirror paragraph 3 of the DRS Policy, and so once you have thought of answers for each of questions (a) to (h) look at paragraph 3 of the Policy and then you can use that as a guide for writing your complaint.
In the Example Complaint Form we have set out a series of number points which should help you structure your complaint. Whether you find these useful or not, please make sure that:
(a) You explain the situation in detail; and
(b) Provide evidence (as exhibits) for what you say.
NB: It is important to remember that the above list is non-exhaustive and that you may still have a case if you have Rights and your complaint fits with the general definition of Abusive Registration above.
Remedies Requested
It is important to request the outcome that you want, the most common are as follows:
Transfer: This means that, should your complaint be upheld, the domain name(s) will be transferred to you. This will give you the legal authority to use the domain name (i.e. for e-mail and web access) and to make changes to the domain name(s) record. For joint complainants, you should request which name you want given to which complainant. The Expert does not have to follow your request if they do not want to.
Cancellation: If your complaint is upheld, the domain name will be removed from the Register of .uk domain names. This means it will, once cancelled, immediately become available for any party (including, potentially, the Respondent or an associate of the Respondent) to register on a first-come, first-served basis.
Suspension: If the complaint is upheld then the name stays registered to the current registrant, and can be renewed by them, however it is disconnected from the Internet and cannot be used in any way. Should the registrant fail to renew the domain name then it will be cancelled (see cancellation above). The length of time the domain name is suspended for is at the discretion of the expert.
Legal Proceedings
Please inform us if the Domain Name is the subject of legal proceedings, and if so, tell us the outcome of the proceedings.
Jurisdiction
Please ensure that you have read and understood this section. You must tick the box to say that you agree to this statement in order to comply with paragraph 3(c)(viii) of the Procedure.
Declarations
Please ensure that you have read and understood this section. You must tick the box to say that you agree to this statement in order to comply with paragraph 3(c)(ix) of the Procedure.
Documentation in support of complaint
If you have documentation to support your complaint, for example correspondence, trade mark registration details, evidence of use or reputation in a name or mark, please attach it to the hard copy of this form before posting it to Nominet.
If you indicate that you intend to attach annexes, please send the hard copy and annexes by post on the same day that you submit your electronic form. Nominet will not process your complaint until we have received a signed hard copy of your complaint together with a complete copy of the annexes. Remember that we need three copies of the complaint AND annexes (and you probably want to keep a copy for yourself).
If you indicate that you do not intend to attach annexes, Nominet will not accept any annexes in respect of your complaint, but will open a dispute on the basis of your electronic submission (but we still need the signed paper copy).
Please sign and date the hard copy version of this document, remembering to attach any supporting documentation.
Sending us the Complaint
You will have to click 'Submit' to send the electronic copy. In addition to this you must send the signed hard copy version (plus three copies of any exhibits/annexes) to us before we can open the case. If Nominet receives an incomplete form or if you exceed the 2,000 word limit, we will return the complaint to you and we will not go on with your complaint until you fix any problems that we tell you about.
Therefore, before posting the hardcopy of your complaint to Nominet, please check that you have completed the form in full, and in particular, that
Please send the complaint to:
Dispute Resolution Service
Nominet UK
Sandford Gate
Sandy Lane West
Oxford
OX4 6LB
What happens next?
The best summary is in the DRS Timetable and there is also a Flowchart which shows you the steps. Once we have the signed hard copy from you (plus the three copies of the exhibits) we will serve it on the Respondent and put a temporary (5 working day) block on transfers of the domain name. The Respondent then has 15 working days to file a response.
If they DO file a response, you will have the option to file a Reply, and whether or not you file a Reply, the case will go to mediation (unless the case is settled or withdrawn before then). The mediator can explain the next steps.
If the DO NOT file a response, you do not win automatically. We will send you a pro-forma invoice for the decision fee. If you do not pay it within the time limit, the case will be closed without anything further happening. If you do pay the fee, we will pass it to the next Independent Expert on our list. They will make their decision, and after that we will implement the decision (subject to the time limits and other possible events listed in the DRS Policy and DRS Procedure).
You should hear from us within 5 working days of our receipt of the hard copy of your complaint. If you have not heard from us within 10 working days of filing your complaint, please email drs@nominet.org.uk to check the position.
