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DISPUTE RESOLUTION SERVICE
DRS 6372 |
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Decision of Independent Expert
(Summary Decision) |
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Deutsche Telekom AG
and
James Warwick |
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1. The Parties:
Complainant:
Deutsche Telekom AG
Address:
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Postcode
Country:
Germany
Respondent:
James Warwick
Address:
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Postcode:
Country:
UK |
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2. The Domain Name(s):
t-mobile-flext.co.uk |
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1 |
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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 |
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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 |
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5. Abusive Registration |
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The complainant has, to my
reasonable satisfaction, shown that the Domain name [enter domain name(s)]
is an Abusive Registration
X Yes No |
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6. Other Factors |
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I am satisfied that no other
factors apply which would make a summary decision unconscionable in all
the circumstances
X Yes No |
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7. Comments (optional)
The respondent has clearly
registered the Domain name in the knowledge of the complainant’s rights
(it is used to host a page containing reference to the respondent’s Flext
tariff) and it is being used to damage the complainant by diverting
business from the complainant. |
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8. Decision
The Domain be transferred to the
complainant. |
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Signed:
Dated: 26 November 2008 |
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2 |
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