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Nominet UK Dispute Resolution Service


You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Yahoo! Inc v Lawson [2008] DRS 6334 (26 November 2008)
URL: http://www.bailii.org/uk/cases/DRS/2008/6334.html
Cite as: [2008] DRS 6334

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    DISPUTE RESOLUTION SERVICE
    DRS 06334

    Decision of Independent Expert

    Yahoo! Inc
    and
    Andrew Lawson

  1. The Parties:
  2. Complainant: Yahoo! Inc

    Represented by: Mike Rodenbaugh

    California

    Country: US

    Respondent: Andrew Lawson

    Address: The registrant is a non-trading individual who has opted to have his address omitted from the WHOIS service.

    Country: US

  3. The Domain Name(s):
  4. yahooo.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 similar to the Domain Name.
    x Yes No
  9. Abusive Registration
  10. The Complainant has, to my reasonable satisfaction, shown that the Domain Name yahooo.co.uk is an Abusive Registration
    x Yes No

  11. Other Factors
  12. I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances
    x Yes No
  13. Decision
  14. The Domain Name, yahooo.co.uk, to be transferred to the Complainant.

  15. Any Comments (optional)
  16. With reference to paragraph 3 above, the notification of the complaint sent to the Respondent's registered postal address was returned to Nominet as "unclaimed". The notifications sent to the Respondent's e-mail addresses were also returned as "undelivered". The Expert has not considered these circumstances to be sufficient reason to dismiss the complaint since:
    (a) it is the Respondent's responsibility to keep his contact details current;
    (b) the Domain Name was recently transferred to the Respondent (around July 2008) following the Complainant's initial contact with the original registrant, and the original registrant has transferred domain names in similar circumstances in previous complaints under the DRS.

    Signed …………………….. Dated 26th November 2008


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URL: http://www.bailii.org/uk/cases/DRS/2008/6334.html