Changes to U.K. Domain Name Disputes Policy and Rules

Nominet recently amended its Domain Name Dispute Resolution Policy and Rules following a consultation last spring.

The new Policy and Rules deal, among other things, with the handling of undefended complaints against .uk domain names. Complainants in default proceedings can now pay £200 for a summary decision by an expert, rather than being forced to pay the full £750 for a reasoned decision. A summary decision will not give full reasons but will state the expert’s finding on whether a case for rights and abusive registration has been made out and order relief as appropriate.

In normal defended cases, the fee remains £750 for a full decision if the case is not successfully mediated by Nominet.

Nominet has also clarified that rights may be found in descriptive terms that have acquired a trademark meaning. The Policy amendments also allow a respondent to pay the £750 fee for a decision on a claim of reverse domain name hijacking where a complainant declines to pay the fee for a full decision. The word limit for complaints and responses has also risen to 5,000 words.

The amended Policy also expressly recognises that abusive registration may be found where a respondent uses or threatens to use a domain name in a manner that is likely to confuse Internet users into believing that the domain name is that of or is in some way connected to the complainant.

The changes apply to all cases filed after 29 July 2008. For advice on how the new rules may affect a possible Nominet claim, please contact the Jenkins Trademarks Group.