Avoiding Disputes - Obtaining and maintaining the name

For all the advantages of the DRS, it is still better not to have to do it in the first place. There are some steps you can take to try to avoid disputes:

• If you ask an employee or web-designer to register a domain name or make a website for you, use the WHOIS to check that it is actually in your name. If not, there is a risk that they could cause problems later.
• Make sure that the registration lists your full legal name - for a company, as it is registered at Companies House - rather than just a trading name or other domain name.
• Make sure that your registrar updates the information we hold if you change your name.
• If someone gives you the name, make sure that it has gone through the proper transfer process here so that it is listed for you - if not, it can cause problems later.
• Do not assume that a domain name will be available - we regularly get calls from people who are about to launch a product and try to register the domain name after all the materials are printed - only to find out that it is taken.
• Remember that dictionary words and acronyms are popular and can refer to a lot of things - many of these will be registered already.
• Remember that many people register domain names to sell - you have to consider whether it is best to contact them first.
  

Avoiding Disputes - Choice of name

There is no guaranteed way to avoid disputes, but if you avoid domain names in which others have rights, and if your use is not abusive, you should be safe, because these are the two things that complainants must prove to succeed in the DRS.

In practice, there are some basic tips you can follow:

• Avoid infringing trade marks. For some basic information about this topic, see our guide.
• Avoid using words restricted under specific legislation. For example, various words have special protection under Olympic Right.
• Do not assume that just because you got the domain name first, you are free to do whatever you want with it - that is not how the law, or the DRS see it.
• Do not assume that if someone has not registered a domain name, they do not want it or will not mind if you register it. Particularly for large companies, the cost of registering every possible domain name would be prohibitive.
• If you are using the domain name for pay per click advertising, avoid using the site for goods or services related to a trade mark.
• Behave responsibly. Many disputes arise not because the registrant has the name, but because they do something with it that interferes with the other person's business or tries to take advantage of their fame, their reputation, their business etc.
• If you want to protest against a company, do not use their exact name - pick something a bit different.
  
• Keep your name and address up to date and correct on our records - it will be easier for the complainant to contact you before making a complaint. If they cannot contact you, they may just complain to make contact.

It also helps to have a look down the list of decisions - you will see that the vast majority involve:

• Using trade marked words
• Using the names of other companies to advertise similar goods or services
• Arguments between companies and ex-employees or ex-designers
• Using words which might, individually, be generic, but which refer to a company because of they way that they have been put together, or used.