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Nominet UK Dispute Resolution Service


You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Bluepharma Industria Farmaceutica, SA v Bluepheonix [2008] DRS 6149 (23 December 2008)
URL: http://www.bailii.org/uk/cases/DRS/2008/6149.html
Cite as: [2008] DRS 6149

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    DISPUTE RESOLUTION SERVICE
    DRS 06149
    Decision of Independent Expert
    (Summary Decision)

    Bluepharma – Industria Farmaceutica, S.A.
    and
    Bluephoenix

  1. The Parties:
  2. Complainant: Bluepharma Industria Farmacêutica, S.A.

    Country: PT

    Respondent: Bluepheonix

    Country: Great Britain

  3. The Domain Name:
  4. bluepharma.co.uk

  5. Notification of Complaint
  6. I hereby certify that I am satisfied that Nominet has sent the complaint to the Respondent in accordance with paragraphs 2 and 4 of the Procedure. x Yes ... No
  7. Rights
  8. The Complainant has, to my reasonable satisfaction, shown Rights in respect of a name or mark which is identical or similar to the Domain name.
    x Yes ... No
  9. Abusive Registration
  10. The complainant has, to my reasonable satisfaction, shown that the Domain name bluepharma.co.uk is an Abusive Registration
    x Yes ... No

  11. Other Factors
  12. No other factors apply which would make a summary decision unconscionable in all the circumstances.
    ... Yes x No
  13. Decision
  14. The Expert finds, on the balance of probabilities, that the Complainant has rights in a name or mark which is identical or similar to the Domain Name.
    The Expert finds, on the balance of probabilities, that the Domain Name is an Abusive Registration in the hands of the Respondent.
    The Expert therefore directs that the Domain Name be transferred to the Complainant.

  15. Any Comments (optional)
  16. None

    Signed: Nick Phillips Dated 23 December 2008


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URL: http://www.bailii.org/uk/cases/DRS/2008/6149.html