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Nominet UK Dispute Resolution Service


You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> On The Beach Ltd v Domain Strata Ltd [2008] DRS 6413 (23 December 2008)
URL: http://www.bailii.org/uk/cases/DRS/2008/6413.html
Cite as: [2008] DRS 6413

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    DISPUTE RESOLUTION SERVICE
    DRS 6413

    Decision of Independent Expert
    (Summary Decision)

    ON THE BEACH LIMITED
    and
    DOMAIN STRATA LIMITED

  1. The Parties:
  2. Complainant: On The Beach Limited

    Country: England

    Respondent: Domain Strata Limited

    Country: Australia

  3. The Domain Names:
  4. OTBEACHHOLIDAYS.CO.UK
    OTBHOLIDAYS.CO.UK
    ONTHBEACH.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 each of the Domain names.
    X Yes ... No
  9. Abusive Registration
  10. The complainant has, to my reasonable satisfaction, shown that each of the Domain names OTBEACHHOLIDAYS.CO.UK, OTBHOLIDAYS.CO.UK and ONTHBEACH.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. None

  15. Decision
  16. Having decided that each of the Domain Names in the hands of the respondent is an Abusive Registration, the Expert therefore directs that the Domain names OTBEACHHOLIDAYS.CO.UK, OTBHOLIDAYS.CO.UK and ONTHBEACH.CO.UK be transferred to the complainant.

    Signed: Stephen Bate Dated: 23 December 2008


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URL: http://www.bailii.org/uk/cases/DRS/2008/6413.html