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Nominet UK Dispute Resolution Service
You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> NGK Spark Plugs (UK) Ltd v Andrews [2008] DRS 6382 (24 November 2008)
URL: http://www.bailii.org/uk/cases/DRS/2008/6382.html
Cite as: [2008] DRS 6382

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    DISPUTE RESOLUTION SERVICE
    DRS 06382

    Decision of Independent Expert

    (Summary Decision)

    NGK Spark Plugs (UK) Limited
    and
    Darren Andrews

  1. The Parties

    2. Complainant: NGK Spark Plugs (UK) Limited

    Country: GB

    Respondent: Darren Andrews

    Country: GB

  2. The Domain Name:

  3. Notification of Complaint

    4. 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
  4. Rights

    5. 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
  5. Abusive Registration

    6. The Complainant has, to my reasonable satisfaction, shown that the Domain Name is an Abusive Registration
    X Yes ... No

  6. Other Factors

    7. I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances
    X Yes ... No
  7. Decision

    8. The Domain shall be transferred to the Complainant.

  8. Any Comments (optional)

    9. The Expert relies on the presumption established in Oxford Instruments plc v Bruinder Singh Dha, DRS00832 (25 March 2003), that "where a Respondent registers a Domain Name:

    (i) which is identical (or virtually identical) to a name in respect of which the Complainant has rights; and

    (ii) where that name is specifically referable to the Complainant and sufficiently distinctive; and

    (iii) where there is no obvious justification for the Respondent having adopted that name for the Domain Name; and

    (iv) where the Respondent has come forward with no explanation for having selected the Domain Name,

    it will ordinarily be reasonable for an Expert to infer that the Respondent registered the Domain name for a purpose and secondly that that purpose was abusive."

    Signed : Christopher Gibson Dated: 24 November 2008

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URL: http://www.bailii.org/uk/cases/DRS/2008/6382.html