*There have been some reports of websites internationally offering COVID-19 related products for sale, including test kits. Test kits such as these are not medically approved or sanctioned and should not be purchased. Any instances should be brought to the attention of the Competition and Consumer Protection Commission and the Health Products Regulatory Authority immediately.*
Overview – Disputing or complaining about a .ie domain
If there is a dispute about a .ie domain name, there are several options in terms of finding a resolution. Depending on the type of dispute or complaint, there are a number of different paths available. These are outlined below.
Summary of the complaint handling processes
- Complaints should be submitted via email to complaints@weare.ie
- All complaints are responded to promptly, generally within 1-2 working days
Submitting complaints
We cooperate with requests from Law Enforcement agencies for access to information regarding .ie domain name registrations which are suspected of engaging in illegality activity. This is in line with our Terms and Conditions of Service. We respond rapidly to comply with Court Orders.
This protocol is in place to help with submission of allegations of illegality from national Regulatory Bodies in the island of Ireland. Reports of alleged illegal activity should be emailed to complaints@weare.ie by the relevant Regulatory Authority.
We contact the registrant of the domain name registration that is the subject of the allegation to notify them that a complaint has been received. The registrant is asked to engage with us within a defined time period. They are asked to address the matter, by either stopping the offending activity or by outlining their position on the matter (in line with our Terms and Conditions of Service).
Failure to address a request adequately can result in action being taken by the Regulatory Authority against the domain registration to resolve the matter. This action can result in the suspension or deletion of the domain name registration, without further notice.
Satisfactory Response
If the registrant provides a satisfactory response (e.g. stops any suspected illegal activity, defends the registration), and the relevant Regulatory Body is satisfied with the response, no further action is taken against the registration.
Unsatisfactory Response
If the registrant fails to respond/fails to address the matter to the satisfaction of the Regulatory Authority, we reserve the right to suspend or delete the domain registration without further notification. This does not interfere with a registrant’s statutory rights, and the registrant may choose a legal course of action to delay/stall/avoid deletion.
A formal dispute resolution process is available for handling complaints relating to .ie domain name registrations. This process is operated by an independent arbitrator, the World Intellectual Property Organisation (WIPO). Where a complaint is upheld, we implement the WIPO decision and ensure that the disputed registration is transferred to the successful complainant. This happens 21 days after the decision is made, provided that no legal challenge to appeal the decision has been lodged.
For a complaint to be upheld, the complainant must demonstrate the following three conditions:
- a domain name is identical or misleadingly similar to a protected identifier in which the Complainant has rights; and
- the Registrant has no rights in law or legitimate interests in respect of a domain nameNote 1; and
- a domain name has been registered or is being used in bad faithNote 2.
Further detailed information on this process is available on our Dispute Resolution Policy page.
Note 1 – Evidence of rights or Legitimate Interests in a domain name can be demonstrated by circumstances as set out in Section 10.(b)3 of the registrant terms and conditions.
Note 2 – Evidence of in Bad Faith registration or use of a domain name can be demonstrated by circumstances as set out in Section 10.(b).2 of the registrant terms and conditions.
Complaints relating to alleged breaches of the Registrant Terms and Conditions or Registration & Naming Policy are reviewed, using the internal complaint handling process.
For the purposes of complaint handling, please note the guidelines in determining Legitimate InterestNote 1 and Bad FaithNote 2. The potential remedies are set out in Sections 3(f)(vi) and 3(f)(vi) respectively.
For the purpose of complaint handling, cybersquatting is defined as:
Cybersquatting occurs when a party deliberately registers a domain that reflects another’s trademark, or brand, in bad faith and/or for profit. This can also involve the registration of domain names that are similar to a trademark or brand, which includes a spelling error. This is known as typo-squatting.
We contact the registrant of the domain name that is the subject of the allegation to notify them that a complaint has been received. The registrant is asked to engage within a defined time period, to address the matter, to respond to the complaint and/or demonstrate that they are compliant with the Terms and Conditions of Service/Registration & Naming Policy. Alternatively, they should outline their position on the matter. Failure to address a request adequately can result in action being taken against the domain registration to resolve the matter. This action can include the suspension or deletion of the domain name registration, with notice.
(NB: Disputes of a legal nature, allegations of bad faith, defamation, slander, and passing off, may need to be resolved in the Courts. If this happens, we will wait for the Court’s decision).
Satisfactory Response
If the registrant provides a satisfactory response, (e.g. shows that they are not in breach of the Terms and Conditions), no further action is taken.
Unsatisfactory Response
If the registrant fails to respond/fails to satisfactorily address the matter, we reserve the right to suspend or delete the domain registration, with notice.
Note 1 – Evidence of rights or Legitimate Interests in a domain name can be demonstrated by circumstances as set out in Section 10.(b)3 of the registrant terms and conditions.
Note 2 – Evidence of in Bad Faith registration or use of a domain name can be demonstrated by circumstances as set out in Section 10.(b).2 of the registrant terms and conditions.
Suspected Illegal Activity
If you believe someone is using a .ie domain for illegal activities, you should report this to An Garda Síochána or the relevant Regulatory Authority.
Helpful contact information for some of these bodies is included below:
- Reporting suspected illegal activity – contact your local Garda station – www.garda.ie
- Reporting content relating to suspected child abuse – www.hotline.ie
- Reporting suspected illegal medical products for sale – Health Products Regulatory Authority
- Reporting suspected false advertising – Competition & Consumer Protection Commission
Suspected Intellectual Property Infringement
It is the responsibility of every Domain Holder to ensure that their domain name and website content do not infringe on the intellectual property of others. In cases where you believe that a domain name infringes on your intellectual property, you may submit a complaint through the World Intellectual Property Organisation (WIPO), which will act as an independent arbitrator. All applicants for .ie domains must confirm they will abide by decisions reached in a WIPO dispute. In these cases the complainant must provide evidence that the domain name in question was registered in bad faith, without legitimate interest in the name, and with the intention of diverting business from the complainant. For more information on the WIPO Dispute Process, please see our Dispute Resolution Policy page.
Suspected Breach of Registrant Terms & Conditions
All applicants for a .ie domain must agree to our Registrant Terms and Conditions. This includes providing accurate and correct supporting information to prove eligibility to have a .ie domain. If you suspect that a domain holder may have breached our Registrant Terms and Conditions, please email us at complaints@weare.ie and we will investigate the matter. If we believe that a breach may have occurred, we will contact the domain holder and give them the opportunity to resolve the situation before taking further action.
Alternative Dispute Resolution Process (ADRP)
The Alternative Dispute Resolution Policy offers a range of affordable options with faster resolution. This ranges from mediation between the parties involved to a direct decision from our independent experts, Net Neutrals. Examples of suitable cases for the ADRP include disagreements between business partners or a dispute with a web developer. You can find more information, and details on how to submit a dispute, on our ADRP page.