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	Nominet UK Dispute Resolution Service
You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Leisure Lakes The Bike Store v Morrison [2009] DRS 6507 (2 February 2009) URL: http://www.bailii.org/uk/cases/DRS/2009/6507.html Cite as: [2009] DRS 6507

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DISPUTE RESOLUTION SERVICE DRS 6507
Decision of Independent Expert (Summary Decision)
Leisure Lakes The Bike Store and Robert Morrison
1. The Parties:

Complainant: Leisure Lakes The Bike Store

Timothy Noy

Country: Great Britain

Respondent: Robert Morrison

Country: Malta

2. The Domain Name:
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.

x Yes No

5. Abusive Registration

The Complainant has, to my reasonable satisfaction, shown that the Domain Name is an Abusive Registration

x Yes 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 Complaint is not particularly well argued and somewhat confusing, the only proof of rights provided is a certificate of insurance and a notice from the inland Revenue.  However, overall I am satisfied that the Complainant has unregistered trade mark rights in "leisurelakesbikes"  given the documented evidence of the various stores it has across the North of England.

I am also satisfied that there is a presumption of an abusive registration, given the history and the number of cases (three cases within two years) involving the Respondent based in Malta.

8. Decision

The Domain Name, , should be transferred to the Complainant.

Signed: Dated: 2 February 2009