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Nominet UK Dispute Resolution Service


You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Ty Hafan v Brainfire Group [2008] DRS 6380 (19 November 2008)
URL: http://www.bailii.org/uk/cases/DRS/2008/6380.html
Cite as: [2008] DRS 6380

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    DISPUTE RESOLUTION SERVICE
    DRS 06380

    Decision of Independent Expert
    (Summary Decision)

    TY HAFAN
    and
    BRAINFIRE GROUP

  1. The Parties:
  2. Complainant: Ty Hafan

    Country: GB

    Respondent: Brainfire Group

    Country: Canada

  3. The Domain Name:
  4. Tyhafan.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 tyhafan.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. Comments (optional)
  14. This is a very clear case in which the Respondent, an entity which has frequently been held to have made abusive registrations, has obviously misused the domain name in a way which has caused or will cause confusion, as part of a pattern of similar registrations.

  15. Decision
  16. The domain name tyhafan.co.uk should be transferred to the Complainant

    Signed: Bob Elliott Dated: 19 November 2008


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URL: http://www.bailii.org/uk/cases/DRS/2008/6380.html