Schuham v djlsolutions.co.uk [2008] DRS 5675 (23 June 2008)

Schuham v djlsolutions.co.uk [2008] DRS 5675 (23 June 2008)

The complainant failed to provide sufficient evidence of efforts to contact the registrant or demonstrate that the registrant's conduct was abusive. The evidence does not show that the domain name was used or acquired in an abusive manner, nor that the respondent was aware of or refused cooperation in transferring the domain name. Therefore, the complaint does not meet the threshold for abusive registration under the Policy.

Citation
[2008] DRS 5675
Parties
Complainant: Ms Stacey Schuham; Respondent: djlsolutions.co.uk
Jurisdiction
United Kingdom
Judgment Date
23 June 2008
Procedural Posture
Domain Name Dispute / Expert Decision After No Response From Respondent
Outcome
Complaint dismissed
Legal Topics
Abusive Registration, Domain Name Transfer, Registrant Rights
Intellectual Property Domain Name Law Abusive Registration Domain Name Transfer Registrant Rights

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Parties

Ms Stacey Schuham

Complainant

djlsolutions.co.uk

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision After No Response From Respondent

Legal Issues

  1. 1 Whether the complainant has rights in respect of a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The complainant failed to provide sufficient evidence of efforts to contact the registrant or demonstrate that the registrant's conduct was abusive. The evidence does not show that the domain name was used or acquired in an abusive manner, nor that the respondent was aware of or refused cooperation in transferring the domain name. Therefore, the complaint does not meet the threshold for abusive registration under the Policy.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken in response to this complaint