UK domain name dispute rules could say three strikes and you’re out

Nominet proposes introducing a new two-stage test in order to substantiate whether a registration has been made in bad faith. This new rule is intended to deal directly with the problem of cybersquatting, where a domain name is registered with the intention of disrupting another's business.

Nominet proposes to retain free mediation, as with its existing dispute resolution service, in which parties are encouraged to come to an agreement by means of the impartial intervention of Nominet's staff. One-third of the 1,200 cases taken to Nominet have been successfully mediated to date; it says that most others were decided by its rules without challenge, and some were referred to an independent legal expert for a decision.

Under the new proposals, if mediation is unsuccessful after 14 days, the case will be referred for a decision to an independent legal expert on payment of a fee of between £500-1000 by the complainant.

Most significantly, Nominet would have the power to transfer a domain name under the new procedure. Currently, it can only suspend or cancel a domain name that is registered in bad faith. This has been one reason why many parties with .uk disputes have favoured the UK courts over Nominet’s procedures, although it has handled 1,200 disputes.

One of the provisions of the proposals means that if the appointed expert finds that the complaint was brought in bad faith, for example in an attempt at reverse domain name hijacking, the expert shall state this finding in his decision.

If the party bringing the case is found on three separate occasions to have brought a complaint in bad faith, Nominet will not accept any further complaints from that party – in effect, three strikes and you’re out. Reverse domain name hijacking is where a party relies on dispute procedures to take a domain name from a legitimate owner.

Nominet plans to publish a timetable, the outcome of all decisions, along with frequently asked questions about disputes, model submissions and related articles and hyperlinks. This will help it catch up with the information available regarding decisions under the ICANN dispute resolution procedures that WIPO and others follow for .com, .org and .net name disputes.

During the consultation, Nominet is canvassing the views of businesses, consumers and other interested parties.