With more and more domains being registred weekly you might find yourselve having the problem of someone using your company name / Family Name on thier website. although this is not against the rules if they are not pretending to be you it can still be upsetting and you might wish to try and get them to change the name.
There is a dsipute procedure that can be followed for .uk domains and we would hlep you with this through Nominet and the dispute procedure they have in place, takes the form of:
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. They need to submit their Complaint to us so we can file the relevent paperwork with nominet.
Nominet send a copy of the Complaint to the Registrant of the domain name by recorded delivery post, and by email. They also send notification to the end user of the domain name if they are 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 do not 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 the WHOIS. If you believe that knowing the name of the Registrant will help your claim, you can find details of their Data Release Policy here.
Stage 2 Mediation
Where a response is submitted, Nominet offer a free mediation service. The parties are automatically ‘opted-in’ to mediation, but it is voluntary, and you do not need to engage in mediation if you do not want to.
One of their trained and accredited mediators will help the parties discuss how they could settle the dispute. They will be completely neutral, and won’t judge the case or impose an outcome. Mediation is always confidential and without prejudice. People cannot 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 does not profit from running the DRS, the fee for decisions is 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, Nominet will make the required changes to their domain name registration records. they will also publish the expert decision on their 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, they will close the DRS case file.