Nominet UK Dispute Resolution Service

 
DISPUTE RESOLUTION SERVICE DRS 06135
Decision of Independent Expert
Goeffrey Swindale and Chris Holland
1. The Parties:

Complainant: Geoffrey Swindale

Country: GB

Respondent: Chris Holland

Country: GB

2. The Domain Name(s):

swindale.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 swindale.co.uk is an Abusive Registration

... Yes x No

6. Other Factors

No other factors apply which would make a summary decision unconscionable in all the circumstances.

7. Decision

The domain name swindale.co.uk shall not be transferred to the Complainant.

8. Any Comments (optional)

Reference is made to DRS Policy para. 4(d): "Trading in domain names for profit, and holding a large portfolio of domain names, are of themselves lawful activities. The Expert will review each case on its merits." The Complainant has not provided sufficient evidence to show, on the balance of probabilities, that the disputed domain name is an abusive registration.

Signed: Christopher Gibson Dated: 8 October 2008