Nominet UK Dispute Resolution Service

 
DISPUTE RESOLUTION SERVICE DRS 06380
Decision of Independent Expert (Summary Decision)
TY HAFAN and BRAINFIRE GROUP
1. The Parties:

Complainant: Ty Hafan

Country: GB

Respondent: Brainfire Group

Country: Canada

2. The Domain Name:

Tyhafan.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 tyhafan.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)

This is a very clear case in which the Respondent, an entity which has frequently been held to have made abusive registrations, has obviously misused the domain name in a way which has caused or will cause confusion, as part of a pattern of similar registrations.

8. Decision

The domain name tyhafan.co.uk should be transferred to the Complainant

Signed: Bob Elliott Dated: 19 November 2008