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Nominet UK Dispute Resolution Service
You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Smart-tek (UK) Ltd v Kelly [2009] DRS 7062 (27 April 2009)
URL: http://www.bailii.org/uk/cases/DRS/2009/7062.html
Cite as: [2009] DRS 7062

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    DISPUTE RESOLUTION SERVICE
    DRS 07062

    Decision of Independent Expert
    (Summary Decision)

    Smart-tek (UK) Limited

    and
    Matt Kelly

  1. The Parties:

    2. Ist Complainant: Smart-tek (UK) Limited

    Country: UK

  2. nd Complainant: Hambrocavendish Limited

    3. Country: UK

    Respondent: Matt Kelly

    Country: UK

  3. The Domain Name(s):

    4. Laserstar.co.uk

  4. Notification of Complaint

    5. 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
  5. Rights

    6. 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

  6. Abusive Registration

    7. The complainant has, to my reasonable satisfaction, shown that the Domain name laserstar.co.uk is an Abusive Registration
    x Yes ... No

  7. Other Factors

    8. I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances
    x Yes ... No

  8. Comments (optional)

    9. It appears the Complaint here may not have come to the attention of the Respondent, as the postal copy has been returned to Nominet, and emails have bounced back. However, the Complainants assert that the address given is a false one, and Nominet has used the details available to it. Therefore, I am satisfied that Nominet's procedures have been followed.

    I have also considered the nature of the site in question (which criticises the Complainants' products). However, the domain name itself makes no mention of its purpose, and just uses the Complainants' product name, without adornment. Therefore, I am satisfied that the Complaint should succeed

  9. Decision

    10. The domain name laserstar.co.uk is an Abusive Registration and should be transferred to the First Complainant

    Signed: Bob Elliott Dated: 27 April 2009

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URL: http://www.bailii.org/uk/cases/DRS/2009/7062.html