If you have a .uk domain name and someone has made a DRS complaint,  you are worried that they might, or you just want information, then this page is for you.

I have received a DRS complaint, what should I do?
It may not have been your choice to start the DRS, but now that it has been started, please take the time to understand what it is and how it can affect you. We have sent you the complaint so that you can understand what the Complainant is claiming. Start with the Frequently Asked Questions page.

Do I have to respond to the complaint? 
No.  You do not have to submit a response. However, the response represents your only chance to put your case to the independent expert. The DRS is binding on you, so it will go ahead even if you do not take part. This does not automatically mean that you will lose as the complainant must prove certain things in their complaint, and if they fail to do this, the Expert will reject their complaint.
 
When do I have to respond by?
Within 15 days of the date that you are deemed to have received the complaint. You will have been sent a covering letter by email and recorded delivery, which tells you what the deadline is for dealing with this complaint. Deadlines in the DRS are strict, so take a note of that date now, and make sure that you do not miss it. The complaint and any supporting evidence will be sent to you by email. If the supporting evidence has been sent to us in paper format, then this will be sent to you with your covering letter. If you only have the email version look to see whether there are annexes of evidence following by post. If so, you may want to delay responding until you have seen them.

Read the complaint. Think about two things:

• Remember that the complainant has to prove on the balance of probabilites that they have rights and that your registration or use of the domain name makes it an abusive registration. Have they done that? Many complainants fail because they have not, or because the evidence provided by the respondent proves that one of these tests cannot be met.
• Do they give the whole story, and is what they say true? It may be that their version of events is different to yours. Your response is your chance to tell the independent expert your side of the story.

Do I have to demonstrate that I have Rights in the domain name?
Because of the "first-come, first-served" rule of domain name registration there is no absolute requirement for you to show that you have rights in the name (unlike the Complainant, who must prove this). However, it can help your case if you show that you have rights in the name, as it may tend to suggest that the registration (and possibly use) of the name was not abusive.

How can I demonstrate that the domain name is not an Abusive Registration?
See the advice on the Abuse page. View paragraphs 3 and 4 of the Policy before attempting to write your response. We suggest that you consider whether any of the following common claims by Respondents apply to your case:

• The abuse which the Complainant is saying is occurring is not done by you - it is being done by someone else - it is helpful here to  clarify who the respondent is, if this is relevant (is it you as a sole trader, or in business with partners, or a limited company - is it the same limited company all the way through or did one close and a new one open etc.);
• The rights claimed by the Complainant (i) don't exist, (ii) are unenforceable for some reason, (iii) are irrelevant for some reason, (iv) did not exist at the time (because, for example, the domain name was registered before the Complainant company was founded);
• The facts stated in the Complaint are untrue;
• The facts stated in the Complaint are incomplete e.g. they only show an offer to sell, not the request from the Complainant to make that offer to them;
• There are logical or legal inaccuracies in the Complainant's case (e.g. the Complainant is relying on rights belonging to a predecessor or sister company for which it has no licence or assignment);
• The domain name is part of a wider dispute BUT NOTE THAT the Expert is only interested in the domain name, so while it may form part of the wider dispute, there is little point in explaining the wider dispute in detail unless it is very closely tied into why the registration of the domain name is not abusive: Experts are not generally sympathetic to the 'he deserved it because....' argument;
• You have used or made demonstrable preparations to use the Domain Name or a Domain Name which is similar to the Domain Name in connection with a genuine offering of goods or services;
• You have been commonly known by the name or legitimately connected with a mark which is identical or similar to the Domain Name;
• You have made legitimate non-commercial or fair use of the Domain Name;
• The Domain Name is generic or descriptive and you are making fair use of it.
• Fair use ('i' and 'j' above) may include sites operated solely in tribute to or criticism of a person or business (Policy 4(b)).
• There was an express written agreement between you and the Complainant that justifies your actions.
• That although you have a large number of domain registrations, or even that you have made a number of Abusive Registrations in the past, this domain name is different and does not form part of that pattern.
• The Complainant is using the DRS in bad faith e.g because they know that they do not have any valid grounds for complaint but simply wish to harass the Respondent or have a chance to obtain a desirable domain name.
  

Do I have to provide evidence?
It is critical that you refer to evidence wherever possible. The most common reason that either party loses a case is a failure to supply supporting evidence to back up their assertions. Decisions are made solely on the information that has been submitted to us. The Expert who decides the case is not required to undertake any further investigation, so stating that "further evidence can be provided on request", or "see our website" will not get your voice heard. Please see below for some examples of evidence:

• Evidence of how long you have been trading under a name.
• Evidence of your (non-abusive) use of the name
• Copies of correspondence between the parties or any contract agreed.
• Evidence that a name is generic within a particular industry.
• Evidence of any non-commercial use made of the domain name.
• Evidence that contradicts any evidence that the complainant has put forward.
  

How do I make my response?
This is explained in the response form help. If the complaint was submitted after 29 July 2008 then you need to log into your online services account to submit your response.

Further information is available on our FAQ page.