DISPUTE RESOLUTION SERVICE

DRS 06821

Decision of Independent Expert
(Summary Decision)

MIND CTI Limited

and

Mind CTI (UK) Limited

1.	The Parties:

Complainant:	MIND CTI Limited	
Country:	UK	

Respondent:	Mind CTI (UK) Limited
Address:	Arie Kiselstein,
Country:	UK	

2.	The Domain Name(s):

	Mindcti.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 mindcti.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 Complainant’s allegations about the use of the Domain Name to mislead customers are not borne out by the current and recent use of the Domain Name, which appears to have been inactive for at least a couple of years, and the Complainant does not provide evidence of confusion. The Expert also notes that a letter of complaint to the Respondent relied upon by the Complainant was sent more than 5 years ago. However, it appears the Domain Name was registered when the Respondent used to be an authorised distributor of the Complainant’s products, which appointment was also terminated some years ago. In the circumstances, the Expert is not able to think of a good reason for the continued registration of the Domain Name in the Respondent’s name when it is clearly a reference to the Complainant, and none has been advanced. Therefore, the Complaint succeeds.

8.	Decision

The Domain Name mindcti.co.uk should be transferred to the Complainant 	

Signed:  Bob Elliott						Dated: 23 March 2009