Nominet UK Dispute Resolution Service

 
DISPUTE RESOLUTION SERVICE DRS 07062
Decision of Independent Expert (Summary Decision)
Smart-tek (UK) Limited
and Matt Kelly
1. The Parties:

Ist Complainant: Smart-tek (UK) Limited

Country: UK

2. nd Complainant: Hambrocavendish Limited

Country: UK

Respondent: Matt Kelly

Country: UK

3. The Domain Name(s):

Laserstar.co.uk

4. 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

5. 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

6. Abusive Registration

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

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)

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

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