If you have a .uk domain name, and someone has made a complaint in the Dispute Resolution Service (DRS), you are worried that they might, or you just want information, then this page is for you.
What stage are you at?
I'm interested in the DRS, but there is no dispute: Then you might be interested in the description of
what it is, the
help booklet, the
timescales,
flowchart, the descriptions of the
policy,
procedure,
rights and
abuse.
I've had a complaint made against one of my names, and I want to know what to do next or to make a response: We stay neutral in these disputes. We have sent you the complaint so that you can understand what the Complainant is claiming. You have a chance to respond in writing to this complaint, to set out your position. Even if you do not respond, it is not automatic that the domain name would be transferred to the Complainant.
- You will have been sent a covering letter, 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. We will try to send the complaint by both email and paper. If you only have the email (or fax) version of it, 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.
- Next, you will have been sent a booklet which explains what the DRS is. Although it probably was not your choice to get involved in the DRS please read this so that you understand the process.
- Then read the complaint. Think about two things:
- Firstly 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.
- Secondly, 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.
We have a
help document that explains how to fill it out, and there is an
example response which gives you an idea of what it will look like and what kinds of things you can say to defeat the complaint. The legal source of the rules are the
Policy and
Procedure, and will help to read those (we will have sent you a copy in the post).
We recommend that you print out the help document, and then submit your response using our
online form. If you do not want to keep the domain name, and want to give it to the complainant straight away, you can say this in your response.
I know the DRS well - where are the forms? The
Response form is here. There is no set form for non-standard submissions -
see our advice.
I have finished the DRS and want to comment: Please
fill out a questionnaire and look at our
consultation on the future of the DRS.
Your Questions Answered:
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 - 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. This date will be stated in your notice letter (in the third paragraph in bold). The
timetable of a DRS and the
flowchart may also help.
How do I make my response?This is explained in the
Response Form help. We recommend that you print out a copy and have it with you when you fill out the online form.
When filling out the Response Form remember that all complaints are decided solely on the terms of the Nominet Dispute Resolution Service (DRS) Policy. Submissions addressing non-relevant issues are unlikely to help your case.
How can I demonstrate that the domain name is not an Abusive Registration? See the advice on the
Abuse page.
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. Please see
Rights for further details.
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:
a) Evidence of how long you have been trading under a name.
b) Evidence of your (non-abusive) use of the name
c) Copies of correspondence between the parties or any contract agreed.
d) Evidence that a name is generic within a particular industry.
e) Evidence of any non-commercial use made of the domain name.
f) Evidence that contradicts any evidence that the complainant has put forward.
Is this going to cost me anything?As a respondent, the DRS is unlikely to cost you anything. The complainant has to pay the fee for the Expert, and the mediation is free. The only time you might wish to pay is if you want to
appeal the decision of the original expert - but this only happens in about 0.01% of cases. Our
fees page has the details.
Other common questions: