.nz Domain Name Dispute Resolution Policy

The policy is a set of rules for quickly and cost effectively resolving disputes regarding .nz domain names.

It is administered by the office of the DNC (Domain Name Commissioner).

Yes. All owners of .nz domain name names agree to be bound by the policy when they register or renew their domain name.

This is another popular misconception which is untrue. Infringement is generally assessed as follows: Patents: infringement is assessed by the claims which are the numbered paragraphs at the end of the document. These will usually describe how a product or process works not what it looks like – hence appearance may be irrelevant. Even if you make changes to avoid literal infringement, the claims will be interpreted (in New Zealand, Australia and the UK) by what the reader would understand the patentee to have meant. Therefore, if there is nothing in the patent which suggests the patentee intended to exclude the variation you have come up with, you might still infringe (see "Patents FAQ"). Copyright: protects against copying of the whole or a substantial part of the copyright work. Whether a part is substantial is determined by the quality of what is taken, not the quantity. Hence you could be found to have infringed copyright even if you only took 20% of a work, if what you took is the essence of the work (see "Copyright FAQ"). Registered Designs: this depends on the registered design. Design Registrations protect against production of a design which doesn’t differ materially from that depicted in the registered design. The more original the design, the greater the differences there need to be to avoid infringement (and vice versa) (see "Registered Design FAQ"). Trade Marks: registered (and potentially unregistered) trade marks provide protection against use by other traders of an identical mark in relation to identical goods/services, or a similar mark in relation to the same or similar goods/services where such use is likely to deceive or confuse. How much you need to change depends on how well known and distinctive the mark is and how likely people are to confuse your mark with it. Changing 20% may not cut it – especially if the mark is well known (see "Trade Marks FAQ").

As a complainant - No. The dispute resolution procedure under the policy is an alternative to conventional forms of redress through the Courts under the Fair Trading Act, The Trade Marks Act and the tort of passing off.

It depends. The policy is heavily based on the policy of Nominet UK and decisions from the United Kingdom tend to be similar. The policy is quite different from ICANN’s UDRP which is used for resolving disputes regarding the .com domain name.

Anyone who can show that they have rights in a name or mark which is identical or similar to the domain name.

A complainant also has to show that the domain name is an unfair registration in the hands of the respondent.

An unfair registration is a domain name that was registered or acquired in a manner which took unfair advantage of, or was unfairly detrimental to, the complainant’s rights, or which has been, or is likely to be, used in such a manner.

A complaint will proceed along the following lines: A complaint is lodged by filing a written submission which sets out the nature of the complaint, the rights which the complainant relies on, and why the domain name is an unfair registration. This complaint will usually be accompanied by documentary evidence. The respondent will be sent a copy of the complaint and asked to reply. Many do not. In situations where the respondent responds to the complaint, the matter will be set down for an informal mediation. If the mediation does not resolve the complaint,or the respondent did not respond to the complaint, the complainant is asked whether they want to refer the complaint to a mediator. There is a charge for this - up until this point the process is free. If the complainant decides not to appoint an Expert the complaint is treated as withdrawn. If an Export is appointed, he or she will assess the complaint and issue a written decision.

Yes, each party has the right to appeal the decision of a single Expert to a panel of three Experts. There are no further appeals.

Experts have the power to cancel, transfer, suspend or amend a domain name, but not to award costs.

Yes. You can obtain them from the DMC website.

You can find out more by contacting our Litigation Team.