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Dispute Process


Registrants in the .uk namespace are bound by Nominet’s policies
http://www.nominet.org.uk/nominet-terms.html .

Disputes account for a small proportion, less than 0.05% of all registrations in the .uk Top Level Domain. However, a dispute may arise when one party feels they have a greater right to use a Domain Name. The Dispute Resolution Service (DRS) offers an efficient and transparent method of resolving disputes in the .uk Top Level Domain.
 
The DRS does not replace the role of the Courts, it is however open to all and the decisions are binding on the parties involved. As a result of a DRS decision, Nominet has the power to transfer, cancel or suspend the Domain Name registration.

Cases are processed by Nominet in accordance with the policy and procedure. A strict timetable is adhered to and all case decisions are published on the Nominet website.

Complaints must correspond to the prescribed format and should be submitted to the DRS team using the on-line submission form. Nominet will seek a response from the Registrant, after which it will initiate an informal mediation process. If a resolution cannot be achieved through mediation, the Complainant can refer the case for a decision by an independent expert on payment of a fee of £750 (plus VAT).

If either party is dissatisfied with the outcome, they may appeal within five working days of the decision being made on payment of a fee of £3000 (plus VAT). The Appeal will be heard by a panel of three selected by Nominet.

All registrars in the .biz, .ca, .cc, .cn, .com, .de, .info, .name, .net, .org, .tv, and .us top-level domains follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the “UDRP”). http://www.icann.org/dndr/udrp/policy.htm and their T/c's

http://resellers.tucows.com/opensrs/contracts/tld/exhibita

Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.

To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider.


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