FINDING OUT WHO OWNS A DOMAIN NAME
Where can I get information about who is the registrant of a domain name?
The Registrant details for any .gg and .je domain name are freely available to those persons having a legitimate concern to know the registrant details. See the [Pre-CIDD WHOIS Registrant Details Request Form].
To which dispute resolution service provider do I submit my Complaint?
Disputes in relation to Channel Island Domains (i.e. .gg and .je) can only submitted to CIDD.
Do I have to use CIDD?
No, you may also issue proceedings in the Alderney or Guernsey or Jersey Courts,
but if you have not used CIDD, there may be severe costs implications and you may
end up paying all the legal costs. (See also “Appeals”)
Is there a standard form in which a Complaint should be submitted?
No, but complaints should be in the form of the Sample Complaint
How do I submit a Complaint?
See the Complaint Transmittal Form and the Sample Complaint
In what language should the Complaint be made?
Currently we only accept complaints in English and Mandarin.
(For Mandarin, unless the Respondent is also chinese, please provide English translation).
Does the Complaint have to be prepared and submitted by a lawyer?
No, but you are wise to seek legal advice
What information should be included in the Complaint?
See the Sample Complaint and Complaint Guide
Can a Complaint include more than one domain name?
More than one person or entity may jointly make a complaint.
Where this occurs the joint Complainants must be part of the same corporate group and must:
a) all sign the hard copy of the complaint (or have it signed on their behalf);
b) specify one of the Complainants, or a single representative, who will be the ‘lead Complainant’ who will receive correspondence on behalf of all the Complainants and is entitled to act on behalf of them all (e.g. in Informal Mediation); and
c) specify which Complainant the Complainants wish to become the sole registrant of each Domain Name(s), if the Complainants are successful (this does not bind the Adjudicator).
Does the Complaint have to be certified or notarized?
No, but it must have the Statement as to Truth set out in the Procedures (this may differ from the signature block in the Sample Complaint.
Do any payments have to be made when filing the Complaint?
Yes, see our fees section
Is the Complainant required to send a copy of the Complaint to the Respondent?
No. When you file your complaint with the Registry, the Registry administration team will do so.
What do I include in the Complaint ?
a) Contact details of the Complainant and the Registrant, specifying whether the Complainant wishes to be contacted direct or through an authorised representative, and set out the email address, telephone number, fax number and postal address which should be used and setting out any of the Respondent’s contact details which are known to the Complainant and specify the steps taken to verify those addresses and whether communication to those addresses have been acknowledged by the Respondent;
b) The Complaint (not exceeding 5000 words (not including the text exclusions set out below and annexes) .This shall be provided in Word format or similar (i.e. Open-Source Word Processor) format or plain text but shall not be password protected;
c) be limited to 30 pages of annexes save where the Registry has given permission for additional pages of annexes and paid the relevant fee (being £5 per additional page).
d) specify the Domain Name and the name or mark which is identical or similar to the Domain Name and in which the Complainant asserts it has Rights;
e) describe in accordance with the Policy the grounds on which the complaint is made including in particular:
e.1. what Rights the Complainant asserts in the name or mark;
e.2. why the Domain Name should be considered to be infringing
e.3. why the Domain Name should be considered to be an Abusive Registration in the hands of the Respondent;
e.4. any other applicable aspects of the policy as well as any other grounds which support the Complainant’s assertion;
f) specify whether the Complainant is seeking to have the Domain Name transferred, suspended, cancelled or otherwise amended;
g) specify whether any legal proceedings have been commenced or terminated or otherwise discontinued or determined in connection with the Domain Name;
h) state that the Complainant will submit to the exclusive jurisdiction of the Alderney or Guernsey courts with respect to any legal proceedings relating the CIDD process or otherwise seeking to appeal, reverse or otherwise challenge the effect of a Decision requiring the suspension, cancellation, transfer or other amendment to a Domain Name registration,
i) state that the Complainant will not submit the registry or the adjudicator to any claim for damages or legal costs whatsoever;
j) state that the Complainant will submit to exclusively English law;
k) conclude with the required signature block (this does not count in the word limit).
The Complainant should remember that the Complainant has the burden of proving its case and therefore:
i) It is recommended that the Complaint deals with potential defences such as fair use. (Where it appears to the adjudicator that fair use arises, or where the Complainant avers that there is bad faith registration but there are legitimate grounds for registration such that bad faith in registration is not automatic, then the Complaint should deal with this).
ii) It is recommended that the Complaint attach (as exhibits) copies of any written documentary or other evidence on which the Complainant relies including correspondence and summaries of any trade mark registration and/or summary evidence of use of or reputation in a name or mark, together with an index of the material attached.
l) A witness statement duly sworn is often a good idea.
How does the Registry communicate Complaints?
The Registry uses its discretion and will seek to send the complaint to the Parties by using, in Registry discretion, any of the following means:
a) sending the complaint by first class post, fax or email to the Parties at the contact details shown on the Complaint or as the registrant or other contacts in Registry domain name register database entry for the Domain Name;
b) sending the complaint in electronic form (including attachments to the extent available in that form) by email to postmaster@<the Domain Name>, Webmaster@<the Domain Name> and admin@<the Domain Name> or any e-mail address provided to the Registry; or
c) if the Domain Name resolves to an active web page (other than a generic page which Registry conclude is maintained by a registrar for parking Domain Names), to any email address shown or email links on that web page so far as this is practicable; or
d) sending the complaint to any addresses provided to us by the Parties so far as this is practicable.
e) (optionally as additional notification) SMS message to any mobile phone number provided, VOIP or IM address provided).
f) Registry may provide until Respondent responds, the Complaint on the CIDD Pages of the Registry.
WHAT IS THE COMPLAINANT SIGNATORY WORDING?
See the Procedural Rules
Where are the Old Rules?
The Old Rules had a number of flaws and defects including not requiring a statement of truth and not requiring positive defenses, so they could be inferred. As a result, it was felt in late 2021 that the Procedures needed an update. A set of the old 2014 rules are here.
- Complainants should avoid being distracted by taking into account the decisions and discussions in previous dissimilar cases of UDRPs that are simply wrong at law when compared with Court caselaw.
- Complainants should avoid being distracted by taking into account the decisions and discussions in previous dissimilar cases of UDRP where only one party has participated in the UDRP as argument had likely not considered properly the various arguments and counterarguments.
- Complainants should avoid being distracted by taking into account the decisions and discussions in previous dissimilar cases of UDRPs where poor panellists have repeated arguments in cases where the Respondent has not replied or attempted to fit decisions around unargued law instead of simply saying “the Respondent has not responded and therefore must be deemed to have agreed to the transfer of the domain name”.
- Complainants should focus on the evidence to prove their case and to focus on the burdens of proof that they need to meet and not the previous UDRPs.
- Complainants should avoid the trap of considering that there was little need for actual evidence to support their case because the previous dissimilar cases of UDRPs would suffice.
- Complainants should avoid arguments that a breach of terms would be adequate. The question of breach of terms and conditions is not a relevant consideration for a UDRP such as CIDD as being too complex for the simple CIDD procedures, having arguments that need detailed consideration of fairness of terms, whether the terms survive secondary sale doctrines, unfair competition challenges, challenges whether parties have accepted the terms, whether there is simply a marketplace at the domain name and not direct sales etc and numerous other arguments. The nature of UDRP makes it inappropriate for the UDRP to consider whether or not there are minor infringements of a complainant’s terms and conditions or the validity of end-user agreements that may go to over 30 pages. It is not for UDRPs to consider complex arguments on the question of validity or terms and any breach of terms and conditions.
- For cases involving trademarks with the addition of other words in a registered domain name (often known as “composite domains” or “potentially fair use domains”), Complainants and Respondents should consider whether nominative fair use has arisen (and the line of cases stemming from the Toyota Motors v Tabari case, (partially cited in the arbitrators decision in Fortniteitems.gg) and their equivalent in other jurisdictions and complainants should pro-actively provide any argument against nominative fair use as part of the main complaint.
Is the filing of a Response mandatory?
No, but if you don’t file a response, you are likely to lost your domain.
Do I need to engage a lawyer to file a response?
No. Whether you use a lawyer or not is up to you. The CIDD process is designed to be user friendly and you should read the previous CIDD decisions and also look at the guidelines and the Response template set out on the CIDD site.
How many days does a Respondent have to file a Response?
What happens if a Response is not filed or not filed on time?
Is there a standard form in which a Response should be submitted?
No, but you are recommended to use look at the guidelines and use the Response template set out on the site.
When submitting a Response electronically, what format should be used?
In what language should the Response be made?
The response should be in English. (Where all parties are Chinese, CIDD may be able to accomodate a complaint and response in Mandarin if the parties as well as the registry agree).
Does the Response have to be submitted by a lawyer?
No, but you must ensure that you have the Respondent Signatory Block.
What information should be included in the Response?
This will depend on each case and it is impossible to say what is the appropriate information
that should be provided. You should however see the Sample response and the response
Guide and look at previously decided cases for indications.
In preparing my Response, how do I demonstrate my rights to and legitimate interests in the domain name that is the subject of the Complaint?
This is set out in the guidelines and also referred to in previous CIDD cases. For domains having Potentially Fair Use we recommend looking at the previous decision in Fortniteitems.gg.
Does the Response have to be certified or notarized?
No, but it must have the signature block shown in the Sample Response
Do any fees have to be paid when filing a Response?
Please see the Fees section. Response fees are not usually charged.
Lengthy Responses may incur document charges as set out in the Fees Page
How do I submit a Response?
See the Response Transmission Sheet for details
Which contact details should be used when sending the Response to the Complainant and what communication methods should be used?
All communications should be sent to the support desk at the Registry. Please do not contact the Adjudicator directly.
Does the Response have to be sent to the registrar(s)?
No, the response should be sent to the Registry as set out in the Response Transmission Sheet.
ROLE OF THE CIDD PANEL
What is an Administrative Panel?
Who are the Panelists?
The panelists are qualified solicitors or barristers with both IT and IP expertise or may also be IT experts with legal training or experience.
When is the Administrative Panel appointed?
The Administrative Panel is a shortlist of the Panellists and is appointed when a Complaint is received.
What decisions can the Administrative Panel take?
The CIDD has a wide range of decisions including
(i) No action
(i) Transfer of Domain
(ii) De-Registration of Domain
(iii) Listing of a Party as Vexatious
(iv) Listing of a Party as CyberSquatting
(v) Listing of a Party as CyberHijacking
Can the Administrative Panel award any monetary amounts?
If something is sensitive, can I communicate it privately?
This is at the discretion of the Registry and Adjudicator.
We would recommend raising this as an issue with the Registry first, who will pass it onto the
Adjudicator who will mak e a final decision.
Usually anything genuinely identified as sensitive will be redacted in the Public Judgment.
Please discuss this with the Registry using the CIDD Supplementary Form.
How long does it take to get a decision?
Typically this is within 60 days, but may be longer during covid periods.
The Respondent has 28 days to reply once the Complaint is sent to them,
but the registry must ensure that Respondent understands the implications of CIDD process
The Panel Arbitrator may also have questions to ask the parties which may delay matters.
The Panel Arbitrator will try to get an answer within 28 days of receiving the Reply. In cases where the arbitrator has to consider issues not properly raised or dealt with by either of the Parties then the decision will take longer
How is an Administrative Panel decision implemented?
Once an Arbitrator gives a decision, the decision is sent to both parties.
The decision is a recommendation to the Registry.
The Registry usually follows the decision but is not bound to do so.
Either Party can issue an appeal within 14 days (or apply to Court).
If no appeal (or service of Court documents) is made to issue within 14 days, the Registry will
decide what to do and, if it is not following the recommendation, will so notify the parties.
Is it possible to challenge an Administrative Panel decision?
Yes – see Appeals
Are the Administrative Panel’s decisions available to the public?
Yes – see previous decisions
What happens if the parties come to an agreement over their dispute during the proceedings?
Just as in court cases, the Parties are free to reach a settlement agreement at any time prior to the Arbitrator’s decision being made. The Registry will record the complaint in the CIDD list of complaints but no decision will be published. The matter will simply state “A confidential Settlement Agreement was reached”.
G. ROLE OF THE REGISTRY
What is the registry’s role in the administrative proceeding?
H. Where are the old rules?
The Procedures were updated in March 2022. The previous rules are available here.