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	Nominet UK Dispute Resolution Service
You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Gillett v Small [2008] DRS 6438 (12 December 2008) URL: http://www.bailii.org/uk/cases/DRS/2008/6438.html Cite as: [2008] DRS 6438

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DISPUTE RESOLUTION SERVICE DRS 06438
Decision of Independent Expert (Summary Decision)
Lee Gillett and Malcolm Small
1. The Parties:

Complainant: Lee Gillett

Country: GB

Respondent: Mr Malcolm Small

Country: GB

2. The Domain Name(s):

polarisrentals.co.uk

3. Notification of Complaint

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

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.

... Yes X No

5. Abusive Registration

The complainant has, to my reasonable satisfaction, shown that the Domain name polarisrentals.co.uk is an Abusive Registration

... Yes X No

6. Other Factors

I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances

X Yes ... No

7. Comments (optional)

The Complainant relies on his registration and use of polarisrentals.com as the basis for his complaint. His website confirms that "PolarisRentals.com exists to help you find an apartment, townhouse or villa to rent on one of the fantastic Polaris World resorts in Murcia, Spain".

Polaris World is an established business operating a number of golf and holiday resorts and the Complainant appears to be entirely independent of it. There are several other apparently independent businesses that also specialise in renting villas and apartments situated at the various Polaris World resorts, such as www.polarisworldrentals.com; www.polarisholidays.com; www.polarisworldholiday.co.uk; www.polarisproperty.co.uk; www.polarisownersdirect.com; and polarisgolfpropertyuk.com to name but a few.

The Complainant does not appear to own any Rights in the name "Polaris", and "Polaris Rentals" is descriptive of a business specialising in the rental of property situated at Polaris World resorts. The evidence does not show that it is likely to have acquired a secondary meaning distinctive of the Complainant. The Respondent appears to have just as much right as the Complainant to the Domain name polarisrentals.co.uk. The Respondent merely beat the Complainant to it when it became available.

8. Decision

No action

Signed: Chris Tulley Dated: 12 December 2008