Smart-tek (UK) Ltd v Kelly [2009] DRS 7062 (27 April 2009)
The complainant has shown rights in the name and that the domain name is an abusive registration; the domain name should be transferred to the first complainant.
Source-derived case information.
- Citation
- [2009] DRS 7062
- Parties
- Complainant: Smart-tek (UK) Limited; Complainant: Hambrocavendish Limited; Respondent: Matt Kelly
- Jurisdiction
- United Kingdom
- Judgment Date
- 27 April 2009
- Procedural Posture
- Domain Name Dispute / Summary Decision
- Outcome
- domain name transfer ordered
- Legal Topics
- Abusive Registration, Trademark Rights, Domain Transfer
Source-derived case record
Summary, issues, holding and outcome
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Parties
Smart-tek (UK) Limited
Complainant
Hambrocavendish Limited
Complainant
Matt Kelly
Respondent
Procedural Posture
Domain Name Dispute / Summary Decision
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
- 2 Whether the domain name constitutes an abusive registration
Ratio Decidendi
The complainant has shown rights in the name and that the domain name is an abusive registration; the domain name should be transferred to the first complainant.
Court Disposition
domain name transfer ordered
Orders
- The domain name laserstar.co.uk is to be transferred to the first complainant.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Nominet UK Dispute Resolution Service You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Smart-tek (UK) Ltd v Kelly [2009] DRS 7062 (27 April 2009) URL: https://www.bailii.org/uk/cases/DRS/2009/7062.html Cite as: [2009] DRS 7062 [ New search ] [ Printable RTF version ] [ Help ] DISPUTE RESOLUTION SERVICE DRS 07062 Decision of Independent Expert (Summary Decision) Smart-tek (UK) Limited and Matt Kelly The Parties: Ist Complainant: Smart-tek (UK) Limited Country: UK nd Complainant: Hambrocavendish Limited Country: UK Respondent: Matt Kelly Country: UK The Domain Name(s): Laserstar.co.uk 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 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 Abusive Registration The complainant has, to my reasonable satisfaction, shown that the Domain name laserstar.co.uk is an Abusive Registration x Yes ... No Other Factors I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances x Yes ... No 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 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 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/uk/cases/DRS/2009/7062.html