Dispute Resolution Service
From time to time, disputes can arise in relation to .UK domain names. For example, who owns them or whether a domain name infringes on an existing trade mark.
Our Dispute Resolution Service (DRS) is a fast, efficient way to resolve .UK domain name disputes – without the costly legal fees associated with going to court.
who can use the DRS?
To make a complaint through the DRS, you need to have rights (such as a trade mark) in a name that’s the same, or similar, to the domain name that you’re concerned about.
As a public benefit company, we don’t profit from the DRS; we consider our mediator role to be an important service that supports the internet ecosystem for the better. The independent adjudicator (called the Expert) is simply paid for their time.
How it works
The DRS follows a set of rules called the DRS Policy, made up of the following stages:
Stage 1 – The Complaint and the Response
The person or company that wishes to make a complaint about a .UK family domain name is called the Complainant. The Complainant must submit their Complaint through our Online Services portal. If you already have an account, you’ll find a section labelled ‘Disputes’, which will lead you to the Complaint Form. If you don’t already have an Online Services account, you’ll need to create one.
We send a copy of the Complaint to the Registrant of the domain name by recorded delivery post and by email. We also notify the end user of the domain name if they’re someone other than the Registrant.
The Registrant (called the Respondent) has a set time frame to submit a response. They can either agree to the remedy requested by the Complainant, or explain why they don’t agree with the Complaint. The Response is then sent to the Complainant, who can comment on it.
Changes to data protection regulations mean that the Respondent’s name and contact details may no longer be published on Nominet’s domain lookup tool. If you believe that knowing the name of the Registrant will help your claim, you can find details of our Data Release Policy here.
Stage 2 – Mediation
Where a response is submitted, we offer a free mediation service. The parties are automatically ‘opted-in’ to mediation, but it’s voluntary, and you don’t need to engage in mediation if you don’t want to.
One of our trained and accredited mediators will help the parties discuss how they could settle the dispute. They’ll be completely neutral and won’t judge the case or impose an outcome. Mediation is always confidential and without prejudice. People can’t harm their position by discussing the case or possible settlements with a mediator.
Stage 3 – Expert Decision
If there was no response, or if the case couldn’t be settled by mediation, the Complainant has the option of paying a fee to appoint an independent adjudicator, called the Expert, to make a binding decision about what should happen to the domain name.
Nominet doesn’t profit from running the DRS; the fee for decisions is simply paid to the Expert for their time adjudicating disputes.
In cases where there was no response, the Complainant can opt for the Expert to make a summary decision on the case. This costs £200 plus VAT.
A Summary decision is only available where no response has been submitted before the Response deadline.
In all other cases, for instance if the parties failed to come to a settlement during mediation, a full Expert decision costs £750 plus VAT. The Expert will explain the cases put forward by both the Complainant and the Respondent, and will either award the remedy requested by the Complainant or dismiss the complaint.
Stage 4 – Appeal
Appeals are rare, but parties who have lost an Expert decision (either a Summary or Full decision) and who want their case re-examined are welcome to make one.
If you want to appeal, you must act within 10 working days of the original decision being made. Your appeal will be heard by a panel of three Experts and will cost you £3,000 plus VAT.
Final Stage – Closure
If the Expert awards a transfer, cancellation or suspension of the domain name, we’ll make the required changes to our domain name registration records. We’ll also publish the expert decision on our website. If there was an agreement in mediation, the mediator will help the parties fulfil the terms of their agreement. If neither party takes any further action, we’ll close the DRS case file.
Using the DRS
How to use the DRS
Log into your Nominet Online Services account to start, respond to or reply to a case. Here you can also view any supporting attachments to the case.
When composing any part of the case, we recommend drafting this outside of the DRS webpage and copying and pasting the completed text into the online form. This allows you to work on the text offline and save an external copy for your records.
Timescales
Fully reasoned cases can last approximately eight to 12 weeks from start to finish, so submitting the correct information the first time around is especially important.
To help your case progress as efficiently as possible, we strongly recommend reading the supporting documents and following the guidance below. The DRS Policy includes a full breakdown of all the timescales involved.
Complaint Submission – Once an initial complaint has been submitted to the DRS team, they will review and validate it within three working days. Once validated, the Respondent has 15 working days to respond to the complaint. The Complainant can also reply to this response within five working days of receiving the response from us. This reply is to address any new points raised in the Complainant’s response.
Mediation – After the complaint, response and reply have been received, mediation can begin. This takes approximately 10 working days to complete, however this is flexible. If appointing an Expert, any invoice will need to be paid within 10 working days of its creation.
Decision – An Expert will submit their decision within 15 working days of being appointed. Once the decision has been received, there’s a 10 working day appeal notice period, during which the losing party can submit an appeal request.
No appeal – If there is no appeal, after the notice period Nominet will make the necessary changes to the relevant domain name records, or take no action if the complaint failed. We can help to move the domain name to a new registrar at this stage if appropriate.
Data Release
Nominet doesn’t publish the registrant’s details unless they have given consent. We provide registration data to third parties with legitimate reasons, such as to enforce legal rights or use our Dispute Resolution Service.
To obtain non-public data, you must submit a Data Release Request and provide us with both your details (which will be disclosed to the data subject) and the reasons you believe you have the right to access non-public data. Please send this to data-release@nominet.uk.
DRS Guidance
Explore the resources below to find out more about our DRS Policy, Panel of Experts, and what to expect when making or responding to a complaint.
DRS Policy
The rules and procedures governing our Dispute Resolution Service. Understanding these rules is vital.
Experts' Overview
The DRS Experts have created an overview, which includes answers to FAQs.
Experts List
This document includes short biographies for the independent Experts.
Expert Review Group
This document describes the role of the Expert Review Group, with a short biography for each member.
Example Complaint Form
This example shows the type of information that a Complainant should provide to increase their chances of success. We recommend that Complainants use the format used in this example.
Example Response Form
This example shows the type of information that a Respondent should provide to increase their chances of success. We recommend that Respondents use the format used in this example.
Decision Search Tool
The Decision Search Tool allows you to look back at any case that has gone to adjudication. These will either be a Summary or Fully Reasoned decision. A Fully Reasoned decision includes the Experts’ thoughts and findings.
You can search for a case in several ways, including by entering the Complainant or Respondent details. It can be useful to see if there are any previous decisions against the party or parties involved in your case. You can also use the tool in conjunction with the Experts’ Overview to review any referenced decisions.
Complaint Form
You’ll need to login to your Online Services account to access the DRS Complaint Form. We strongly recommend that you read the Experts’ Overview, DRS Policy and the Example Complaint Form before starting the Complaint Form. A Respondent can submit their Response through their Online Services account.
You can find information on ‘Demonstrating your rights‘, ‘What is an abusive registration‘ as well as guidance on settling a gTLD dispute including .cymru and .wales domains below.
Demonstrating Your Rights
The DRS Policy requires Complainants to prove they have ‘rights in respect of a name or mark which is identical or similar to the domain name’. This means rights that the Complainant can legally enforce.
To make sure a Complainant has a proper interest in the domain name, the process aims to test their rights. To pass it you must ensure you can provide evidence of the rights you’re claiming.
Simply showing you have rights to a domain name isn’t sufficient to win in a DRS complaint. The Complainant must also demonstrate that the registration or use of the domain name is abusive.
Trade marks
A trade mark of any type can be useful in demonstrating rights in a name that’s the same or similar to the disputed domain name, but this isn’t absolutely necessary. If you do hold a registered trade mark, remember to include proof of the registration when submitting your complaint.
The Experts talk about trade mark misuse further in the Experts’ Overview, such as fair use of a domain name which could incorporate a trade mark, or when simply including a trade marked word or phrase in a domain name without the holder’s consent could be considered unfair.
Showing when you had rights
The party making the complaint needs to prove that they have rights in a name here and now.
It can be beneficial if you are able to prove that you had rights when the domain name was registered. Although this isn’t essential, it may be difficult to show that someone has made an abusive registration if you didn’t have rights when the registration took place. For example, it’s unlikely that a domain name registration was made to prevent you from having it if you set up your business after the domain name was registered.
The Respondent's rights
The DRS Policy only requires the Complainant to have rights, but it’s also something the Respondent should consider. For example, if the Respondent also has rights in a name, which is either the same as or similar to the domain name, this may be useful in proving they didn’t make an abusive registration.
What is an abusive registration?
To make a complaint using the DRS, you must be able to prove that the domain name is an abusive registration. This means you must be able to prove that the domain name either:
- took unfair advantage of, or was unfairly detrimental to, your rights at the time of registration or acquisition; or
- has been used in a manner that took unfair advantage of, or was unfairly detrimental to, your rights.
The unfair conduct can happen at any point during the domain name’s lifetime, from registration onwards. There is no statute of limitations. Sections five and eight of the DRS Policy provide non-exhausting lists of scenarios that can make a domain name registration abusive, or fair.
A Complainant doesn’t necessarily need to prove that both the registration and use of the domain name is unfair. It’s also important to note that unfair use of a domain name covers use for any purpose, such as for a website or email. For example, it could be that the registration was ‘fair’ (because the parties agreed at the time, or did not object), but the use later becomes unfair – because there’s a change of use, a falling out between the parties, or a change of motive.
Sections five and eight of the DRS Policy provide non-exhausting lists of scenarios that can make a domain name registration abusive, or fair. Quoting relevant sections of the DRS Policy and Experts Overview will be beneficial.
Examples of abusive registrations
If you aren’t quite sure what constitutes an abusive registration, we recommend looking at the examples included in the DRS Policy:
- The domain name was registered with the primary purpose of selling or renting it specifically to the Complainant (or a competitor) for more than the Respondent paid for it.
- The domain name was registered with the primary purpose of stopping the Complainant using it.
- The domain name was registered with the primary purpose of disrupting the Complainant’s business.
- The domain name has been used to confuse internet users.
The list above isn’t exhaustive, and you may have another reason to make a complaint.
Section 3 of the Experts’ Overview explains in further detail what the Experts look for in an abusive registration.
Evidence that a registration isn't abusive
In our DRS Policy, we also give some examples of factors that may show the registration isn’t abusive, including:
- The respondent can show they have made preparations to use the domain name for a legitimate business.
- The domain name is generic or descriptive and is being used fairly.
- The domain name is being used purely for tribute or fair criticism.
This list isn’t exhaustive and respondents may raise other arguments to defend their registration of a domain name.
Section 4 of the Experts’ Overview explains in further detail the evidence the Experts look for to show a registration isn’t abusive.
Settling a dispute over .cymru and .wales gtlds
You can resolve disputes over the registration of .cymru and .wales domain names in one of two standardised dispute resolution procedures.
Neither of these procedures prevents someone taking a domain name dispute to court – which they have the right to do. Where we can, we will try to assist in effecting orders from courts of competent jurisdiction regarding the registration of .cymru and .wales domain names.
Uniform Domain Name Dispute Resolution Policy (UDRP)
The Uniform Domain Name Dispute Resolution Policy (UDRP), which is incorporated into your contract with your registrar. If a complaint is successful, the complainant may have the domain name cancelled or transferred into their name.
Uniform Rapid Suspension System (URS)
The Uniform Rapid Suspension System (URS). This is very similar to the UDRP, but is intended to bring about a much quicker resolution. Successful complainants will only be able to suspend a domain name.
Dispute Resolution Service Reports
Since 2001, our Dispute Resolution Service has addressed over 16,000 .UK domain disputes. We produce an annual report sharing our latest findings, including notable cases.
Previous Reports
.UK Domain Dispute Resolution 2023
.UK Domain Dispute Resolution 2021
.UK Domain Dispute Resolution 2019
.UK Domain Dispute Resolution 2018
.UK Domain Dispute Resolution 2017
.UK Domain Dispute Resolution 2016
.UK Domain Dispute Resolution 2015
.UK Domain Dispute Resolution 2014
.UK Domain Dispute Resolution 2013
Get in touch about the DRS
If you’d like to speak to us about a dispute, or if you would like to speak to a DRS expert, please get in touch. Our advisors are available from Monday to Friday, 08:00 – 18:00.
Email: drs@nominet.uk
Phone: +44 (0)330 236 9470