Review of DRS Policy Clause 4.3

Please note: This consultation closed at midday, Monday 18 September 2017.

Proposed change to .nz policy about the Dispute Resolution Service Policy

Clause 4.3 of the Dispute Resolution Service (DRS) Policy allows for DRS complaints to be made involving subdomains of a generic term registered at the second level. This provision was introduced as part of the implementation of second level registrations in .nz, and must now be reviewed under the terms of the policy We would like your thoughts on whether the clause should be retained or removed.

We need to decide whether DNCL should be able to receive complaints involving sub domains where the domain name registered at the second level is a generic term. For example with shop.nz ‘shop’ is the second-level domain and anyname.shop.nz is a subdomain of shop.nz.

Clause 4.3 of the Dispute Resolution Service Policy states

4.3 With the introduction of .nz registrations at the second level, this Policy and Procedure also applies to Respondents when a Complainant asserts that the Complainant cannot demonstrate rights in that Generic Term and 4.3.1 There is a Domain Name registered at the second level of .nz and the domain name registered is a Generic term such that complainant cannot demonstrate Rights in that Generic Term and

4.3.2 The Registrant of that name at the second level has added a sub-domain that has the appearance of being a Domain name registered at the third level and

4.3.3 The Complainant has Rights in respect of the name or mark which is identical or similar to the Sub-domain; and

4.3.3 The Sub-domain, in the hands of the Respondent, is an Unfair Registration.

The clause was intended to deter any potential confusion of a subdomain of a generic name being interpreted as the domain name itself. Previously .nz DRS policy did not apply to subdomains and this change was introduced because of the concern of confusion. The provision only applies to domain names registered at the second level (anyname.nz), it does not apply to subdomains at the third level (anyname.co.nz etc.) Ideally, all .nz policies should apply equally across all .nz domain names.

No complaints have been received under clause 4.3 since it was introduced in September 2014.  

For this reason, and to ensure all .nz names are treated the same across the DRS policy, we propose to remove the clause. This does not impact any of the other clauses in the policy.

Feedback is now sought on the proposal to remove the provision under clause 4.3.

A broader review of the policy is anticipated to commence in 2018, but if you wish to raise any associated matters regarding any clauses in the policy then this is also welcome. any matter raised as part of a general discussion of the policy will inform the broader review of the policy.

This consultation closed midday on 18 September 2017. Submissions are published below as they were received, with the most recent at the top.

Submissions

Richard Chan HTML

Glen Eustace HTML

Chris LaHatte HTML