On 1st October 2003, the Information and Communications Technology Authority (the 'Authority') adopted the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the ‘UDRP’), as published by the Internet Corporation for Assigned Names and Numbers (‘ICANN’), as the basis upon which it resolves all disputes relating to the registration of .ky domain names.
Before the Authority considers any .ky domain registration dispute, there should first have been good faith attempts made between the person bringing the dispute (the ‘Complainant’) and the person who registered the domain name in dispute (the ‘Registrant’) to resolve the matter; evidence of which will need to be provided to the Authority when any complaint is brought to it.
On the basis that such ‘good faith’ attempts have been made, and that the subject of the dispute is still unresolved, the Complainant can bring the dispute to the Authority for the Authority to decide, based on the UDRP, whether or not, among other things, the .ky domain name in dispute should be transferred to the Complainant.
In bringing the dispute, the Complainant should submit a complaint to the Authority and in that complaint reference how the UDRP applies to the facts of the dispute. In particular, the Complaint should include submissions and evidence explaining why it considers that the dispute is an “Applicable Dispute” and the “Registration and Use [of the domain name in dispute is] in Bad Faith” under that policy.
Please click here to download the KY Domain Complaint Form
In this regard, for example, the Complainant may want to provide the Authority with copies of relevant trademarks, invoices, screen shots, communication (letters and emails) and other evidence that support its submissions. If the Complainant submits that it has a ‘reputation’ in the .ky domain name, the Authority will need proof of this.
Also, the Complainant should make it clear whether or not the dispute is being brought by it as an individual, company or on behalf of someone else. If the Complainant is bringing the dispute on behalf of someone else, it should provide supporting documents that it has the appropriate consent to do so.
If you are the Registrant, when submitting a response to a complaint, you should reference how the UDRP applies to the facts of the dispute. In particular, the Registrant should include submissions and evidence explaining why it has “Rights to and Legitimate Interest in the Domain Name.”
As to the timetable for consideration of the complaint made by the Complainant, noting that the Authority needs to ensure that the dispute resolution process is fair to both sides:
Once the Authority has received the submissions referenced above, a trained member of our team will speak neutrally and confidentially to both parties, to seek to facilitate an acceptable resolution of the dispute.
Any negotiations conducted between the parties during this stage (including any information obtained from or in connection to such negotiations) will be treated as confidential by the Authority.
If the case does not settle at mediation within ten (10) days, the Authority will offer the Complainant the chance to request that the Authority make a formal decision.
All dispute resolution decisions will be published on the Authority's website.
Please note that, although the complaint and any other submissions made in the dispute will not be published, references to the complaint and any other submissions may be made in the final published decision.
There is a non-refundable complaint fee of CI$350 which is to be paid by the Complainant to the Authority when a formal decision by the Authority is requested by the Complainant, such a fee is to cover some of the costs of resolving disputes brought to the Authority.
The following document provides details: