DRS Example Complaint Form – This is an example to show you the general format of a DRS Complaint form Use the Complaint Form Help to give you and idea of how it should be filled out and DO NOT USE by cln12100

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									DRS Example Complaint Form –
This is an example to show you the general format of a DRS Complaint form. Use the
Complaint Form Help to give you and idea of how it should be filled out and DO NOT USE
THIS FORM to submit a complaint to us: use the online system. DO NOT copy the wording of
this complaint: note that not all suggestions are relevant to each case.

                             Nominet UK
                          DRS Complaint Form


Complaint Reference Number: 2728
(IMPORTANT: please quote this temporary number on any documentation which
you send. Once your complaint has been validated and processed, Nominet will
assign a DRS reference number to the complaint, which should be quoted on all
correspondence.)

Complainant's Details
Complainant Type:       Business
Complainant:            Example Co. Ltd.
Address:                An Office
                        A Business Park
                        Somewhere
Postcode:               OX4 6LB
Country:                GB

Contact Details
Contact:                Mr DNS Manager
Business Name:          Example Co. Ltd.
Address:                An Office
                        A Business Park
                        Somewhere
Postcode:               OX4 6LB
Country:                GB
Daytime Tel No.:        01865332211
Mobile Tel No.:
Fax:
Email:                  drs@nominet.org.uk
Reference::
All correspondence will be by post and email

Respondent's Details
Respondent:             IMA Respondent Ltd
Respondent Name:        Prof
Business Name:          IMA Respondent Co. Ltd
Address:                Another Office
                        Another Business Park
                        Somewhere Else
Postcode:               OX4 6LB
Country:                GB
Email:

Disputed Domain Names
automaton-example.co.uk
automaton-example.org.uk

The Complaint
I confirm that Domain Name(s) in dispute are identical or similar to a name or mark
in which I have Rights.

I confirm that Domain Name(s) in the hands of the Respondent is an Abusive
Registration.
1. The Complainant has rights in the Domain Name because:
a. It is registered at Companies House under the name [name] and has been since
[date] [attach evidence e.g. Companies House printouts, company books and records];
b. It is the personal name of the Complainant, and has been since birth [provide
evidence e.g. copy passport and birth certificate];
c. It trades under the name [name] and has done so since [date] (provide evidence, e.g.
marketing and advertising materials, letterhead etc.);
d. It has advertised using the name [name] since [date] and spent about £[amount] on
such advertisements, examples of which are exhibited at Exhibit [Number];
e. It provides [goods/services] under the name [name] as evidenced by the brochures
exhibited at Exhibit [number];
f. It has the following registered [UK/Community] trade mark(s) [detail marks, date of
grant etc. and provide copy certificates or printouts from the Patent Office/OHIM
(www.patent.gov.uk, www.ohim.eu.int/en/ );
g. It was assigned rights [specify] by [name predecessor, e.g the partnership that the
directors of the current company were in before they founded the company. Provide
any evidence that is available of a formal assignment of rights].

2. [Deal with the general background history and relationship between the parties, if
any]
3. The Domain Name in the hands of the Respondent is abusive because it was:
3(a) primarily registered for the purposes of selling, renting or otherwise transferring
it to me or my competitor for at a price greater than his costs in that [explain, and
provide evidence, why this statement is true].
3(b) primarily registered to stop me registering it despite my rights in the name
[explain name, and explain and prove how and why you know that it was a blocking
registration].
3(c) primarily registered to unfairly disrupt my business because [explain how the
registration disrupted your business, how the Respondent is to blame, and provide
evidence to prove everything].
3 (d) used by the Respondent in a way which already has confused people into
thinking that it was controlled by me, specifically [explain what has been done, how
you know that people have already been confused, and provide evidence to prove
what you say].
3(e) one of a series of registrations that the Respondent has made, which because of
their number, type and pattern prove that the Respondent is in the habit of making
registrations of domain names which correspond to trade marks or other well known
names in which the Respondent has no apparent interest [explain how you know this,
which registrations you are talking about, what the pattern is, how this name fits in
that pattern and provide evidence for everything you say.]
3(f) registered with incorrect name and address details, which is independently proved
by [what? Explain what is wrong with the name/address, and how it has been
independently verified that this is the case and provide evidence for everything you
say.]
3(g) registered because of the prior relationship between us [detail what it was, and
provide evidence] but I am now using the site and paying the registration/renewal fees
[provide evidence].
3(h) the registration is automatically abusive because the registrant has had three or
more DRS cases against him/her in the last 2 years in which Experts have found
Abusive Registration [quote the case numbers you are talking about].
4. [You will also need to state any other relevant facts or situations that might help
your case since the list of possible grounds in the DRS is not exhaustive]
Remedies Requested
Transferred

Legal Proceedings
As far as I am aware no legal proceedings have been issued or terminated in
connection with the Domain Name.

Jurisdiction
I confirm that by submitting a complaint under Nominet's Dispute Resolution
Service, I submit to the exclusive jurisdiction of the English courts with respect to
any legal proceedings seeking to reverse the effect of a Decision requiring the
suspension, cancellation, transfer or other amendment to a domain name
registration(s), and I agree that any such legal proceedings will be governed by
English law.

Declarations
I agree and accept that, my claims and remedies concerning the registration of the
domain name(s), the dispute, or the dispute's resolution shall be solely against the
Respondent and that neither Nominet UK nor its directors, officers, employees or
servants nor any Expert shall be liable for anything done or omitted in connection
with any proceedings under the Dispute Resolution Service unless the act or omission
is shown to have been in bad faith.
The information contained in this complaint is to the best of my knowledge true and
complete. This complaint is not being presented in bad faith and the matters stated in
this complaint comply with the Procedure and applicable law.

If the Expert orders a transfer of the domain name(s) then I agree to be bound by
Nominet's Terms and Conditions for the Registration of Domain Names, and in
particular the provisions relating to Nominet's processing of personal data

Documentation in Support of Complaint
I am submitting documentation with this complaint
NB. You must send Nominet the signed original of this form, together with an
electronic copy. Nominet cannot open a file until we have received the signed
hard copy of the complaint.

Signed by     ...................................................................

Complainant
Date of submission: 25/10/2004

								
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