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	Nominet UK Dispute Resolution Service
You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> MacLeod v Smith [2009] DRS 6478 (6 January 2009) URL: http://www.bailii.org/uk/cases/DRS/2009/6478.html Cite as: [2009] DRS 6478

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DISPUTE RESOLUTION SERVICE DRS 6478 Decision of Independent Expert (Summary Decision) Ken MacLeod
and Warren Smith
1. The Parties

Complainant:	Ken MacLeod
Country:	United Kingdom

Respondent:	Warren Smith
Country:	Australia

2. The Domain Name(s)

Davidurquart.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 davidurquart.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)

Documentary evidence of common law rights in the DAVID URQUHART name would have been helpful

8. Decision

The domain name be transferred to the Complainant.

Signed: David Engel Dated: 6 January 2009