News Item

Rule Changes for .uk Domain Name Disputes

Changes have been made to the Policy and Procedure for .uk domain name complaints filed on or after 29 July 2008. The changes mean the process for .uk domain name complaints will, for many people making a complaint, be faster and cheaper.

Under the old rules, where a complaint was filed and the domain name owner did not issue a response, the complaint had to pay a fee of £750 plus VAT to have an expert decide whether they had proved their case.

Under the new rules, where a complaint is filed, and the domain name owner does not issue a response, the complainant is given the option of paying £200 plus VAT to get a "summary decision" from an expert. The expert will not write a full decision with reasoning in these cases, but the expert may certify that the complainant had proved its case.

The new "summary decision" procedure is only available if the domain name holder fails to respond to a complaint. If they do respond, and mediation fails to resolve the matter, the complainant will still need to pay the full fee of £750 plus VAT to obtain an expert decision.

Summary decisions will not be appropriate in all situations but where it is used it will mean the complaint will be resolved quickly and more cheaply.

The new rules also amend various other substantive provisions, including those concerning:

• rights to descriptive terms;
• requesting a finding of reverse domain name hijacking;
• the introduction of a "likelihood of confusion" factor;
• threatened use of a domain name; and
• the introduction of an Expert Review Group.

For further information or assistance with domain name matters contact your usual Marks & Clerk attorney or Kirsten Gilbert at Marks & Clerk Solicitors.