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:

	<leisurelakesbikes.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.
								x Yes	  No

5.	Abusive Registration

The Complainant has, to my reasonable satisfaction, shown that the Domain Name <leisurelakesbikes.co.uk> 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, <leisurelakesbikes.co.uk>, should be transferred to the Complainant.  

Signed:							Dated: 2 February 2009