Dispute Resolution

  1. Sipexa Ltd is not part of a dispute between a trademark owner and a Registrant. We cannot arbitrate between two disputing parties.
    1. We have an established policy on dealing successfully with domain name disputes. This page will tell you what you can and cannot do and how we will react to your various actions.
    2. Current legal precedence has established that you CANNOT,
      1. Take legal action against the internet / domain name provider
      2. Take legal action against Nominet, CORE or Networks Solutions
      3. Take legal action against suppliers or suppliers suppliers
    3. The following actions available to you fall into 3 categories. We can however only help you with abusive sites that are hosted physically on our servers. We are only trying to help you by explaining the various options and our advice should at no stage substitute your need for legal representation. We do however often receive formal threats from solicitors that misunderstand this new issue, but there is not and has been no successful prosecutions against us. Since we are the UK’s biggest registrant we do however see it as our duty to provide you with some basic guidelines that will help you with your dispute.
  2. Passing off
    1. If you or your client feel that someone has registered a name with the intention of passing off on your trading names or marks, your only options is to take legal action against the owner of the domain name (not us). We cannot help you and you will receive no response if you wrongfully threaten us with legal action. It will only show us that you have misunderstood the issue and that you are not acting in the best interest of your client. We advice solicitors to take direct contact with the owner by email or other means first and try and establish if there is a real case or not. In most cases the best action is to offer the owners a small sum to cover their expenses to find another name and settle the case quickly. To prove a passing off case if difficult and can be a long drawn 2-3 year exercise and we cannot help you at all until you have a successful prosecution or injunction against the owner (not us). If you go to court and win the domain name, we will help you move the domain to another provider or we will offer you to host it with us. If you win a preliminary injunction not allowing the owner the use of the domain name. We will temporarily stop hosting the domain until the case is closed. If you are a solicitor and think that we will be scared about bogus or unsubstantiated passing off claims, we will call your bluff and we will know that you are not looking after the best interest of your client.
    2. Having a .com does not automatically give you right to a .co.uk. To even try and claim a domain you must own a UK registered trademark and you must be trading under that name in the UK.
    3. Taking legal action against Sipexa is like taking legal action against Companies House for registering a company name.
  3. Trademark violation
    1. If for example you owned the trademark IBM (ibm.com) and wanted to dispute the domain name ibn.com or ibem.com. In any case you cannot involve us in the process, we are not the owner or have any powers to transfer ownership of a domain name. Having a trademark does not guarantee rights to a domain name.
    2. Your trademark must match the domain exactly.
  4. Abusive site
    1. This is where we can help. We do not allow our services to be used for racial/sexual/political discrimination, pornography, harassment, spam/junk mail among others. This does not mean that we will act just because someone has put up a site that says certain things you do not like or if you have an unsubstantiated passing off claim and unless we determine that the site is outside what we allow we cannot help you. It has already been established that we cannot be seen as publishers of the content, since we have no control over what people put on their websites. You cannot take legal action for libel or slander against an internet provider that does not actively monitor peoples websites. An internet provider is not like a newspaper that can be found liable for what employed journalists publish. We only accept notice of abusive sites by recorded mail to our registered head office.
    2. We do not allow pornography, junk mail, racial/sexual discrimination
  5. Short words
    1. Having a trademark like for example Tesco cannot guarantee that no one else uses this word inside a word and we cannot ban every single occasion unless the word is completely unique and cannot be misspelled. If we banned all domains that included the word Tesco, we would violate other peoples rights to domains like “competescore.com” or “deloittescotland.co.uk” and it is impossible for us to know every single word combination in the world for every single trademark and we have to deal with short names on a case by case basis. For example someone registered tesco-direct.com which is a clear-cut violation and abuse of Tesco’s rights and of course we assists in situations like this promptly.
  6. Generic names
    1. Almost any generic word has been registered as a trademark in one or more classes. For example someone has registered the word “ENGLAND” as a trademark. This does not give rights to all domain names including the word ENGLAND nor does it give any rights to england.com or england.co.uk and falls under the what is known as concurrent use and trying to enforce such a mark would risk revocation by the Patent Office. Another example could be the word “EASY”. Someone has registered this word as a trademark but they have to accept concurrent use of everything including words like “EASYNET”. You are able to get registered trademarks on generic words, but you cannot enforce a generic mark.
  7. Who can transfer a domain name
    1. Only the owner or domain name database. We cannot cancel/delete a domain name from the domain name databases. Only the databases like Nominet/CORE/NSI and the legal owner has the physical powers to do this. We also have no powers to transfer ownership. We cannot help. If you contact the databases directly they will advice you the same as we do, which is to take contact with the owner or take legal action against the owner (not them or us).
  8. Domain name resolution services – our view
    1. Using the various domain name resolution services might sound like a good idea. However our experience tells us that this is a long and costly affair just like taking the matter to court. The best approach is to contact the owner directly and see if you can work out a solution privately. The human touch will always remain and when you actually talk to someone directly things seems always to get settled quicker. If you start out with threatening letters you might not reach your goal as fast as if you try and negotiate a solution. If you still think that you can take legal action against Sipexa.NET / Nominet / CORE / NSI you have probably not learned anything from this document at all and we will respond with the following reply.
    2. If you still ignore our advice and would like to commence actions against Sipexa LTD, please contact us first by courier to our registered address or dispute fax 020 7987 0424.
  9. Standard reply to domain name disputes
    1. SIPEXA LTD DOES NOT CENSOR, MONITOR OR HAVE DIRECT CONTROL OVER DOMAIN NAMES WHEN OUR CLIENT REGISTERED THIS DOMAIN NAME, THEY STATED THAT TO THEIR KNOWLEDGE, THE DOMAIN NAME DOES NOT VIOLATE TRADEMARKS OR OTHER STATUTES. IF YOU WANT TO DISPUTE THE OWNERSHIP OF THIS DOMAIN NAME, YOU SHOULD SEEK LEGAL ADVICE. UNDER THE DATA PROTECTION ACT 1984 WE CANNOT DISCLOSE INFORMATION ABOUT OUR CLIENTS WITHOUT BEING LEGALLY OBLIGED TO DO SO. UK DOMAIN NAMES HAVE NO REGISTRANT ADDRESS LISTED IN THE NOMINET DATABASE AND Sipexa LTD APPEARS AS THE ADMIN/TECH/BILLING CONTACT. WE WILL DISCLOSE THE REGISTRANT DETAILS IF A WRIT IS FILED WITH THE HIGH COURT AGAINST THE REGISTRANT ON OUR ADDRESS. WE SUGGEST THAT YOU CONTACT THE REGISTRANT FIRST BY SENDING SEVERAL EMAILS TO POSTMASTER@DISPUTED-DOMAIN.CO.UK AND TRY TO RESOLVE YOUR DISPUTE WITHOUT NOMINET/LEGAL ACTION. SIPEXA LTD IS NOT PART OF THE DISPUTE AND WE CANNOT HELP YOU IN ANY OTHER WAY. WE WILL THEREFORE NOT PARTICIPATE IN ANY CORRESPONDENCE OTHER THAN THIS STANDARD REPLY, BUT WE WILL COMPLY WITH ANY COURT RULING. REGISTRANT DETAILS FOR US DOMAINS IS PUBLIC INFORMATION AND CAN BE LOOKED UP IN THE DATABASE.
  10. Dispute procedures
    1. Procedures for disputes are already in place, please go to these pages if you want to read more:
      1. Network Solution Dispute Resolution – http://www.networksolutions.com/legal/legal-notice.jsp
      2. Nominet Dispute Resolution – http://www.nic.uk/disputes
      3. UK – Patent Office – http://www.patent.gov.uk/