GUIDE TO DOMAIN NAME DISPUTES
This domain name disputes guide explains how to recover or defend domain names under the Nominet DRS and UDRP systems. Domain names are valuable business assets – and disputes over them are increasingly common.
The guide explains the main procedures used to resolve these disputes, what evidence is needed, and how Adlex Solicitors can help.
UNDERSTANDING DOMAIN NAME DISPUTES
Domain name disputes arise when someone registers or uses a domain that conflicts with another party’s name, brand or trade mark.
Common scenarios include:
- “Cybersquatting” – generally means registering a domain corresponding to a well-known brand for sale or other profit.
- “Domain hijacking” – transferring a legitimate domain away from its owner.
- Registrations/use by competitors or connected people such as former employees, web developers or business partners.
The domain name disputes guide below summarises the main causes of conflict.
To resolve such disputes, most domain registries use specialised procedures that avoid the cost and delay of court action.
For a short overview, see Domain Name Disputes – Main Service Page
PROCEDURES: DRS AND UDRP COMPARED
The leading system is the Uniform Domain Name Dispute Resolution Policy (UDRP) for “.com”, “.net” and other global domain names and the procedure for .uk domain names is the Nominet Dispute Resolution Service (DRS).
| Stage | UDRP (.com / .net / global) | Nominet DRS (.uk) |
| Core test | “Registered and used in bad faith” | “Abusive registration” – registered or used unfairly |
| Filing | Electronic filing via WIPO or Forum | Online form via Nominet |
| Mediation | No mediation stage | Free mediation offered |
| Panel | One or three-member panel | Single Expert (three on appeal) |
| Appeal | Only court action available | 10 days to appeal to panel of three Experts |
| Remedies | Transfer or cancellation | Transfer, suspension or cancellation |
For details see Nominet DRS Procedure and UDRP Procedure. The official UDRP rules are published by ICANN.
PREPARING COMPLAINTS IN DOMAIN NAME DISPUTES
Before filing, it’s vital to gather strong evidence of your rights and of the registrant’s bad faith or abusive registration.
Key steps include:
- Identify your rights – registered trade marks or trading reputation.
- Collect supporting evidence – including dated screenshots, correspondence, web archives etc that back up your key claims.
- Don’t delay – prompt action improves credibility and prevents further damage.
- Select the right procedure – most .com and other global domains go under the UDRP. For “.uk” disputes go to Nominet (DRS); many other country domain names have their own systems.
- Draft clearly – explain your rights, why the domain is identical or similar, and how the registration or use is abusive or in bad faith.
For practical drafting tips, see 10 Top Tips for Writing a Domain Dispute Complaint.
RESPONDING TO A COMPLAINT
If you receive a DRS or UDRP complaint, act immediately — deadlines are short (often 20 days).
To prepare a defence:
- Check procedural requirements – confirm you’re named correctly and within time to respond.
- Gather evidence – make sure you produce dated documents supporting your main points. show legitimate rights or use (e.g. business name, descriptive use, or prior registration).
- Demonstrate good faith – show that you acted legitimately and didn’t register/use the domain name to target the complainant e.g., descriptive use, prior registration, lawful domain trading etc.
- Consider settlement – mediation (for DRS) or negotiation can sometimes save costs and avoid a decision.
- Respond clearly in writing – the process is entirely paper-based.
For further guidance, see 10 Tips for Defending a Domain Dispute Complaint.
AFTER THE DECISION
The Expert or Panel issues a written decision explaining the reasons.
Possible outcomes:
- Transfer – domain moved to the complainant.
- Cancellation – domain deleted from the register – rare.
- Suspension (DRS only) – domain suspended – rare.
- Denial – complaint dismissed; registrant keeps the domain.
Under the DRS, either party may appeal within ten days to a three-Expert panel.
Under the UDRP, the only possible challenge is via court proceedings.
If the domain is transferred, Nominet or the registrar will handle the change once the decision is final.
ALTERNATIVE ROUTES AND COURT OPTIONS
Although the UDRP, DRS and similar systems are usually the best way to handle these cases, some disputes are better handled through:
- Legal letters – to try and resolve the case without format action.
- Negotiated settlement such as buying the domain – where commercial compromise is appropriate and realistic.
- Court proceedings – in serious cases if damages or injunctions are required.
- Registrar, registry or host intervention – for issues not covered by domain dispute systems e.g., urgent website removal or technical issues.
We can advise on all these routes depending on your objectives and budget.
PREVENTING FUTURE DISPUTES
Simple preventive steps can help avoid problems:
- Register key domains across relevant extensions early.
- Use clear contracts with web developers and staff.
- Keep domain name registrations/accounts under central company control and update regularly.
- Set domain names to auto-renew.
- Set up watch service to monitor for infringing domains.
- Consider trade mark filings for core brands.
See Guide to Recovering Domain Names from Former Employees and Developers.
HOW ADLEX CAN HELP BEYOND THE DOMAIN NAME DISPUTES GUIDE
Adlex have handled over 200 DRS and UDRP cases for clients ranging from FTSE companies to start-ups, plus around 800 decisions issued by Adam Taylor as panellist for WIPO, Nominet and the Forum.
We provide:
- Clear early advice on your chances of success.
- Efficient preparation of complaints or responses.
- Transparent fixed-fee options.
For further help beyond this domain name disputes guide, contact Adlex for tailored legal advice.
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