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DRS stand for Dispute Resolution Services.
Registrants are required to provide us "correct" contact information under the conditions of registration, so if the registrant name is false, we may be able to do something about it. If you contact us with your concerns, we can look at the registration. We will try to establish what the correct contact information is. If we cannot, we may cancel the registration, and that may solve your problem, as the domain name would then be available for re-registration. If we are able to establish genuine contact information that may also assist you to identify whom the registrant is and whether you object to the registration. Obviously fake information
Some registrations have obviously fake information, and give no genuine contact information at all. In these cases, we can sometimes proceed to cancellation faster than normal. Out of date information
If the listed registrant has died, or been struck off the register of Companies, the domain name may be liable to be cancelled.
There are two reasons why the address listed on the WHOIS might not be sufficient for you to contact them:
• The information we have is wrong, out of date or absent.
Registrants are required to give us "correct" contact information. If you are concerned that the address information for a domain name is incorrect, and you can prove this, please contact our registrant services department about it. We may then start our process for dealing with this, which will result in new information being entered or the domain name cancelled.
• The registrant is using the opt-out from the WHOIS.
Consumers are not required to show their address on the WHOIS. They can take advantage of an opt-out. This opt-out can be removed if they are found to be trading, and we can also release their address in certain cases. See our advice to registrants on this topic.
For all the advantages of the DRS, it is still better not to have to do it in the first place. There are some steps you can take to try to avoid disputes: 1. If you ask an employee or web-designer to register a domain name or make a website for you, use the WHOIS to check that it is actually in your name. If not, there is a risk that they could cause problems later. 2. Make sure that the registration lists your full legal name - for a company, as it is registered by BRELA - rather than just a trading name or other domain name. 3. Make sure that your registrar updates the information we hold if you change your name. 4. If someone gives you the name, make sure that it has gone through the proper transfer process here so that it is listed for you - if not, it can cause problems later. 5. Do not assume that a domain name will be available. 6. Remember that dictionary words and acronyms are popular and can refer to a lot of things - many of these could have been registered already. 7. Remember that many people register domain names to sell - you have to consider whether it is best to contact them first. There is no guaranteed way to avoid disputes, but if you avoid domain names in which others have rights, and if your use is not abusive, you should be safe, because these are the two things that complainants must prove to succeed in the DRS. In practice, there are some basic tips you can follow: • Avoid infringing trademarks. • Do not assume that just because you got the domain name first, you are free to do whatever you want with it - that is not how the law or the DRS see it. • Do not assume that if someone has not registered a domain name, they do not want it or will not mind if you register it. Particularly for large companies, the cost of registering every possible domain name would be prohibitive. • If you are using the domain name for pay per click advertising, avoid using the site for goods or services related to a trade mark. • Behave responsibly. Many disputes arise not because the registrant has the name, but because they do something with it that interferes with the other person's business or tries to take advantage of their fame, their reputation, their business etc. • Keep your name and address up to date and correct on our records - it will be easier for the complainant to contact you before making a complaint. If they cannot contact you, they may just complain to make contact. It also helps to have a look down the list of decisions - you will see that the vast majority involve: • Using trademarked words • Using the names of other companies to advertise similar goods or services • Arguments between companies and ex-employees or ex-designers • Using words which might, individually, be generic, but which refer to a company because of the way that they have been put together, or used.
The DRS does not seek to replace the courts and you may wish to take independent legal advice if uncertain which system is more suitable for your dispute. However, often the DRS will prove to be quicker, cheaper and may offer greater scope for amicable settlement through mediation. Do not forget that in court costs orders can be made, which can be very expensive. However, there are some cases which are too complicated for the DRS (for example, very difficult contract cases, or cases on technical points of trade mark law) which have to go to court.
The DRS is designed to provide a cheap, fair and quick way of dealing with disputes so a lawyer is not a requirement. However, both parties are free to appoint a representative to act on their behalf if they wish. We cannot provide legal advice generally, because we are not a law firm. If you are looking for legal advice on domain name topics, find a solicitor who specializes in Internet or Intellectual Property (IP) law.
You should use the DRS if: • you have rights in a name or mark similar to the domain name;
• the registration or use of the domain name took unfair advantage of your rights - making it an 'abusive registration'; and there is no legal action going on.
You should not use the DRS if:
• you want to complain about tzNIC;
• you want to object to the content of an email sent using that domain name.;
• you want to object to the content of a website hosted under that domain name, rather than the domain name itself.
• the domain name does not end ".tz" but ends with a generic top level domain (anything with three letters or more, like .com, .net, .org, .info) in which case you should use ICANN's Uniform Dispute Resolution Procedure;
• there is ongoing court action
• the domain name is in your name but you want to change registrar - there is a separate process for that;
What do I need to do to complain?
You should not unless you have read and understood what the DRS is and how it works - there is a lot of information on this website or you can contact us directly. The majority of people who fail in the DRS fail because they have not read the instructions and:
• do not realize the formal nature of the process
• do not realize the need for evidence
Yes. Multiple complainants must all be named on the complaint form. You must specify one of the complainants to act as the lead. The lead complainant will receive all correspondence on behalf of all complainants.
No. We will automatically serve the complaint to the contact details that we hold on our register.
It all depends on the number of experts involved in resolving/hearing the dispute. All the fees are paid by the Complainant except in cases where the Respondent opts for three Panelists instead of one Panel member selected by the Complainant. In cases where the Respondent opts for three Panelists, the fees will be split equally among the involved parties.
The administration fee that is charged by tzNIC in handling a dispute is Usd 100.00 and the Panel fee per member is Usd 500.00.
There are a number of factors that make a big difference to how long a DRS dispute will take:
1. Is there a response? Response cases tend to take a couple of weeks longer than no-response cases, because no-response cases either end when the fees are due or go straight to a decision. If there is a response, there may be a reply and mediation.
2. Is the meditation successful? A successful mediation can end a dispute quickly and we cannot tell in advance when the mediation will succeed. Mediation is a powerful tool and it is often surprising who settles and at what speed, so this is hard to predict.
3. Is there an appeal? Having an appeal adds a few weeks to the process.
Can I speed the process up? The main thing you can do to speed the process is to do everything you need to do quickly. If there is time for you to do something (for example, make a reply) and you do not want to make one, you can email us to tell us that, so we can move the dispute on to the next stage.
The main point of the test is to make sure that the person who complains is someone with a proper interest in the complaint. The rights test is "not a particularly high threshold test" However, some complainants do fail this test, and it is important to provide evidence of the rights you are claiming.
No. The DRS does not specifically require you have a trade mark (registered or unregistered). A trade mark of any type might be helpful in demonstrating rights in the disputed domain name, but is not required. Complainants and respondents with trademarks should remember that in order to be successful, a complainant must demonstrate both rights in the disputed domain name and abusive registration. Trademark holders should also remember to include a copy of the trademark certificate with their submission (complaint, response or reply).
The definition covers all rights enforceable at Tanzanian law, so contract rights can be enough. It has also been used for rights that may not actually be enforceable at Tanzanian law, but which demonstrate a genuine interest, such as the complainant's own name.
At the time of the complaint. Note that the DRS looks to see if a domain name was abusive at the time it was registered or at any later time. While it may be enough to have rights at the time of the complaint in order to make the complaint, you may not be able to show that the registration was abusive if you did not have rights at the time the abuse took place. For example, it is unlikely that a domain name registration was made in order to prevent you having it if you set up business two years ago and the domain name was registered four years ago.
The Policy requires complainants to prove that the domain name, in the hands of the current Registrant, is an Abusive Registration. In order to show that the domain name is an Abusive Registration, the Complainant must prove that the domain name either:
• At the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to your [the Complainant's] Rights; OR
• Has been used in a manner which took unfair advantage of or was unfairly detrimental to your [the Complainant's] Rights
• ..or both.
It is enough for the Complainant to show that the 'abuse' occurred at any time during the 'life' of the domain name - so that can be:
• There was an 'unfair' motive when it was registered;
• There was an 'unfair' use after registration but it has now stopped;
• There was an 'unfair' motive at transfer;
• There is something 'unfair' going on now;
• The domain name is inherently 'unfair' (similar to the concept of an "instrument of fraud")
• Any combination of these.
There are situations in which it is clear that the registration was 'fair' (because the parties agreed at the time, or did not object) but the use later becomes unfair (because there is a change of use, a falling out between the parties or a change of motive).
For some reason (which should be explained in the complaint) the complainant feels that your registration or use of the domain name is causing them unfair detriment in some way, and that this, together with their rights, means that they want some action taken about the domain name through our Dispute Resolution Service. Complainants usually ask that the domain name be transferred to them, but it will say at the end of the complaint.
The Response represents your only chance to put your case to the Independent Expert. You cannot add anything later, so make sure you put everything you need to in this Response form. Decisions are taken solely on the information that has been submitted to us, and the expert who decides the case is not required to undertake any further investigation.
It is critical that you refer to evidence wherever possible. The most common reason that either party loses a case is a failure to supply supporting evidence to back up their assertions. Decisions are made solely on the information that has been submitted to us. Stating that "further evidence can be provided on request", or "see our website" will not get your voice heard.
You do not necessarily need rights in the name to have it. However, if you do have rights, it is more likely that what you are doing with the domain name is not abusive. So, if you do have rights, say so. Also, in your response you should highlight any problems with the Complainant's rights (for example, if they did not have them at the right time).
To show that your registration is not 'abusive' it is helpful to put yourself in the Complainant's shoes. What factors are there that would make an independent observer say that the registration and use are 'fair'. Anything you think which would tend to suggest this is probably something you should include (and prove) in your response, as that is the information which will best help you. More generally, provided that your registration and use was 'fair', it is better to put a full explanation of your motives and conduct in as a response than to stay silent as then you have the opportunity of mediation and you are better presented at any decision.
It depends on the way the respondent likes the dispute to be resolved.
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