DOMAIN NAME ACQUISITION & MEDIATION SERVICE

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https://www.nominet.uk/domain-support/uk-domain-disputes/

Domain Mediation Service is where we contact the Website Designer or Registrant on you behalf. This is less intimidating than actually receiving a letter from a legal representative which may charge you £200 upwards to simply write a letter.

We will collect whois data as evidence and will do research on the company/person concerned. We will in most cases send a ‘Cease and Desist Letter’ on behalf of the plantiff, for the defendant to acknowlege and respond. If after the given time the defendant fails to communicate we will contact WIPO and our nominated legal representatives to take the matter further.

Our fee is £49.99 to start the ball rolling, if we are unsuccessful we will forward the complaint to our legal team with all the evidence we have collected. Usually all it takes is a letter to get some sort of response as in most cases people are unwilling to have litigation proceedings made against them and usually will settle out of court.

The mediation service saves you money in the long run, however you must accept that if the defendant argues his/her case it may cost you money in legal fees which will be offset to the defendant if he/she looses the court case.

What is UDRP.

(UDRP) The Uniform Domain-Name Dispute-Resolution Policy is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains.

What Domain Names are Included for UDRP.Generic Domain names that end in a generic top-level domain include (com, .net, and .org).

Generic Country Code top-level domains (co.uk, .wales, .pl, .es, .it etc)

ICANN requires domain name registrars to incorporate the UDRP into their registration agreements. As a result, parties who register domain names contractually agree to resolve trademark-based domain name disputes through a streamlined arbitration process with an ICANN-approved dispute-resolution service provider (a UDRP proceeding). This means any web designer served with a UDRP must all comply if they have registered a domain name on someone’s behalf. To prevail in a UDRP proceeding, a trademark owner (the complainant) must establish that:The domain name is identical or confusingly similar to a trademark in which the complainant has rights.

The respondent has no legitimate rights in the domain name at issue, that they have a carbon footprint of proven track trade record using the domain name and they are associated with the name entirely which may include logos, branding etc.

The respondent registered and is using the domain name in bad faith.

Remedies in UDRP proceedings are transfer or cancellation of the offending domain name.

More info and a copy of the UDRP policy can be found here:

https://www.nominet.uk/domain-support/uk-domain-disputes/

https://www.icann.org/resources/pages/schedule-2012-02-25-en

https://www.icann.org/resources/files/domain-names-beginners-guide-2010-12-06-en

If you have a dispute and need more information please do not hesitate to contact us confidentially. Our email is: info@ukwebsitedesigners.co.uk