What is an internet domain name?
When you use the internet your computer “talks” to others using unwieldy numerical addresses. Where humans need to remember the addresses involved, domain names allow us to substitute more easily memorable unique strings of letters and numbers.
One common use of a domain name is as part of a web site address. For example, nominet.org.uk is the domain name part of Nominet UK's web site address (note that http://www. is not a part of the domain name). Domain names can also be used in systems that send and receive email, download files, read newsgroups or control remote machines.
Because domain names are unique, they can become the source of disputes regarding fair use and registration rights.
DRS stands for Nominet's Dispute Resolution Service, a service provided to assist parties when the registration or use of certain UK internet domain names are disputed.
It is free to begin a DRS case. Parties involved in the DRS make written submissions. In most cases a period of mediation follows, where the parties attempt to settle the dispute amicably. If mediation fails or does not occur, the complainant is invited to pay £750+VAT if they wish an independent expert to make a binding decision on the dispute. Any such decision can be appealed by either party at a cost of £3000+VAT. There is no obligation to pay for an expert decision.
What type of dispute is suitable for the DRS?
The DRS is for those who feel that a domain name registration has caused them harm, either in the way it has been used or by its very existence. They might wish to have the registration cancelled or suspended, but usually want the registration to be given to them so that they can control how the domain name is used. An example of some typical cases brought under the DRS is available here.
Can I use the DRS to complain about any .uk domain name?
The domain name must be one in which you believe you have rights and must be controlled by Nominet UK. The domain names controlled by Nominet UK are those ending in .net.uk, .ltd.uk, .plc.uk, .co.uk, .org.uk and .me.uk
However, in practice disputes about names in the restricted namespaces .net.uk, .ltd.uk and .plc.uk are unusual.
What rights must I have in a domain name in order to complain about it?
The term "rights" includes, but is not limited to, rights enforceable under English law. This allows the independent experts who decide DRS cases some latitude in deciding what rights are necessary in any particular case. It is therefore important that parties provide adequate evidence to help the expert decide whether or not they have rights, for example:
· a copy of a relevant trademark certificate,
· evidence to show use over time such as copies and dates of letterheads, advertising materials or media articles.
In order to complain, must I have a trademark that the disputed domain name is infringing?
A trademark (be it registered, unregistered, UK or other) might be helpful in demonstrating rights in the disputed domain name, but is not a necessity. In a survey conducted by Nominet 56% of the DRS parties who answered did not hold a registered trademark.
Complainants and respondents with trademarks should remember that in order to be successful, a complainant must demonstrate both rights in the disputed domain name and abusive registration. Trademark holders should also remember to include a copy of the trademark certificate with their submission (complaint, response or reply).
What is an “abusive registration”?
An abusive registration is one which, by its use or by its very existence, has caused the complainant unfair detriment or has given the respondent an unfair advantage. A list of examples of evidence of abusive registration can be found in the DRS policy (see section 3)
The list is not exhaustive and the published expert decisions show that the experts sometimes apply criteria other than those listed in section 3. For example:
· DRS 00873 E-floor Systems Ltd and Neil Pengilly (e-floor.co.uk)
· DRS 00658 Chivas Brothers Limited and David William Plenderleith (chivasbrothers.co.uk)
· DRS 00813 Turner Engineering –v- Europower UK Limited (turnerengineering.co.uk)
What sort of disputes are not suitable for the DRS?
Some domain name related disputes cannot be handled by the DRS. The two most common concern tag (ISP) changes and domain names not controlled by Nominet.
If you wish to move a domain name from your current Internet Service Provider (ISP) to another ISP, you should see the relevant section of Nominet's website.
The only exception occurs when the ISP have made themselves the legal registrant of a domain name and you wish to dispute this, in which case the DRS should be used.
If you wish to dispute the ownership of a generic top level domain name (ending in .aero, .biz, .com, .coop, .info, .museum, .name, .net, or .org), you should use the Uniform Domain-Name Dispute Resolution Policy (UDRP). The system is similar to the DRS in many respects, but is not operated by Nominet. Details can be found at:
What are the advantages of the DRS in comparison to using the courts?
The DRS does not seek to replace the courts and you may wish to take independent legal advice if uncertain which system is more suitable for your dispute. However, often the DRS will prove to be quicker, cheaper and may offer greater scope for amicable settlement through mediation, which is successful in over 55% of cases where it is employed. A further 11% of cases settle amicably before mediation and there is no charge for initiating a complaint, up to the end of informal mediation.
Why is the DRS binding on both parties?
The complainant agrees to be bound by the rules of the DRS when making a valid complaint. The registrant of a domain name is bound by the rules of the DRS at the time of registration, as part of Nominet's Terms and Conditions:
Will I require a legal or other skilled representative?
The DRS has been designed so that most parties are able to use it without representation. Nominet does not discourage parties from taking legal advice, but nor is it compulsory, or always necessary.
Can I use the DRS in a language other than English?
No. All DRS submissions and proceedings must be in English. However, if English is not your first language the DRS team will make every effort to answer your queries and communications, no matter the language in which they are presented.
The time taken is dependent on the stage of the DRS reached before the case ends. Please refer to the timetable of maximum times.
From the timetable, it will be seen that the maximum length of a DRS case is 69 working days (14 weeks). However, the current average length of a DRS case is 6 weeks when the respondent responds and 8 weeks when there is no response. (No-response cases tend to take longer because the DRS allows the respondent the full 15 working days to respond.)
How much does the DRS cost, and who pays?
The initial stages of the DRS up to and including mediation, but not including a binding decision, are free. If the complainant wishes an independent expert to make a binding decision on the case, this costs the complainant £750+VAT.
If either party is dissatisfied with a DRS decision and wishes to make an appeal, this costs the appealing party £3000+VAT. {There is an option that allows you to pay a 10% deposit and the rest later).
Why must the complainant pay for a decision, even when the respondent makes no response?
There are several reasons why Nominet must charge the complainant for a decision, even when a respondent does not respond:
- Nominet must pay an independent expert to prepare a decision. Nominet does not have the authority to charge an unwilling respondent for this, nor to award costs to a successful complainant. Complainants are of course free to use the courts in preference to Nominet's service, but will typically find this more expensive even if they are successful. The entire £750 +VAT is passed to the independent expert.
· Nominet, as a neutral body, cannot take a view on whether a respondent is "cyber-squatting".
· Bearing in mind the above, Nominet cannot pre-judge why a respondent may not have responded to a complaint. Reasons may include absence or ignoring a complaint because they feel it spurious. Only an independent expert is empowered to draw conclusions from a respondent's failure to respond.
· It is not the case that the complainant automatically wins in no-response cases. For example, see DRS 00066 Fiat S.p.A and WDOT Internet Limited (fiatfinance.co.uk and others), also DRS 00692 City id Ltd, Icon Media Lab Ltd. (cityid.co.uk) and DRS 02735 equazen.co.uk.
What is mediation? Is the case decided by the mediator?
Mediation is the stage where a trained and accredited third party neutral attempts to assist the parties in coming to an amicable settlement. The process is described in detail on Nominet's website
Mediation is not the process by which a DRS case is decided and has no bearing on the outcome of any independent expert decision.
Mediation is successful in over 55% of cases where it is employed. In a Nominet survey, 75% of those who responded and who entered mediation found the process helpful. For more than 90% of these parties, the DRS was their first experience of mediation.
Not necessarily; such correspondence may be put before an Expert, who is free to consider or not, as they see fit. Only discussions and correspondence taking place during the informal mediation stage of the DRS will not be revealed to, and will not be considered by, an Expert when making a decision.
How can I judge the likely outcome of my dispute?
As a neutral body, Nominet cannot offer advice to complainants or respondents. The best ways to judge the likely outcome of any dispute are to read the DRS policy and to view previous DRS decisions, all of which are published.
You may also like to consider how other complainants with a similar case have done. This summary of cases of various types brought to the DRS may be of interest. All cases are decided on the facts, and in our experience the main reason complaints fail is because they do not provide evidence to back what they say.
My case is clear-cut and self evident, why can't Nominet simply make an immediate decision?
As a responsible body, Nominet cannot take away a registrant's domain name without following its own proper procedures. These have been agreed in consultation with Nominet's members and other stakeholders from the UK internet community, including intellectual property holders and small businesses.
In addition, Nominet cannot prejudice its standing as a neutral body.
Mediation won't work in my case, do I have to be involved in mediation?
You do not have to be involved in mediation, but should discuss your concerns with the mediator before deciding to skip the process. Consider the following:
· A skilled mediator can help parties to move from entrenched and defensive positions which may have prevented settlement in the past.
· The majority (more than 55%) of disputes that enter mediation are settled amicably .
· If mediation does not bring settlement, you will have lost nothing but time. The outcome of mediation will have no bearing on the decision made by an independent expert. Mediation is confidential and any independent expert will not see the mediator's notes.
If you wish to dispute the ownership of a generic top level domain name (ending in .aero, .biz, .com, .coop, .info, .museum, .name, .net, or .org), you should use the Uniform Domain-Name Dispute Resolution Policy (UDRP). The system is similar to the DRS in many respects, but is not operated by Nominet. Details can be found at:
You must speak to the registry which controls those names. See http://www.iana.org/cctld/cctld-whois.htm.
I want to make a submission which isn't a complaint, response or reply. Can I do that?
We generally discourage any other submissions ('non-standard submissions') in a case as it is unfair on the other party and slows down the case. If you are determined to do this you can. However, you must, in your first (brief) paragraph explain where this extra evidence is relevant. We will only send this first paragraph to the Expert. It is up to them whether they accept the rest of your submission. See the full guidance on this topic.
