New Dispute Resolution Service for .uk domain names

Nominet UK, the organisation which manages the .uk Top Level Domain, published details of its new Dispute Resolution Service recently(www.nominet.org.uk/ref/drs-new.html), following wide spread public consultation with the internet community.

Key procedural aspects of the new DRS include:

• wide ranging new grounds upon which a complainant may object to the registration and use of a domain name;
• a period of free mediation by Nominet staff, followed, if necessary, by referral to an independent expert for a decision on payment of a £750 fee by the complainant;
• greater openness and transparency - all decisions will be published on the Nominet web site;
• an appeal procedure - parties can appeal an independent expert's decision upon payment of an additional fee.

In contesting the registration or use of a domain name, a complainant must prove, on the balance of probabilities, that:

(i) the complainant has rights in a name or mark which is identical to the registered domain name; and
(ii) the registration of the domain name is an "Abusive Registration".

Nominet has provided a non-exhaustive list of what is meant by "Abusive Registration", including,

• blocking registrations;
• unfairly disrupting the business of the complainant;
• the primary purpose of selling or renting for consideration in excess of out of pocket expenses;
• using a domain name in a way which creates confusion, leading to a mistaken belief that the domain name is associated with, authorised by or otherwise connected with the complainant;
• cybersquatting;
• the giving of false registration information to Nominet.

A registrant may defend its registration by showing that:

• it is using, or has made demonstrable preparations to use, the domain name in connection with a genuine offering of goods or services;
• it is commonly known by the name or is legitimately connected with a mark which is identical or similar to the domain name;
• it has made legitimate non-commercial or fair use of the domain name;
• the domain name is generic or descriptive.

Tribute or criticism sites are permitted in certain circumstances.

The new service came into force on 24 September 2001, and therefore submissions received before this time will still be considered under the present system.

For further information on how Nominet's new DRS may affect your .uk domain names, please contact Stephen Whybrow by telephone on +44 (0)20 7367 2183 or by e-mail at [email protected], or Lucy Kilshaw by telephone on +44 (0)20 7367 2376 or by e-mail at [email protected].