Schering Plough Corp & Ors v BD Healthcare Ltd [2009] DRS 6671 (03 March 2009)

DISPUTE RESOLUTION SERVICE DRS 06671

Decision of Independent Expert (Summary Decision)

Schering- Plough Corporation: Schering Corporation; Schering Plough Ltd and their

affiliates and subsidiaries

And

B.D Healthcare Ltd.

1. The Parties:

Complainant: Schering- Plough Corporation: Schering Corporation;

Schering Plough Ltd and their affiliates and subsidiaries

Country: USA

Respondent: BD Healthcare Limited

Country: Great Britain

2. The Domain Name:

neoclarityn.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 D 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.

XYes D No

5. Abusive Registration

The complainant has, to my reasonable satisfaction, shown that the Domain name neoclarityn.co.uk is an Abusive Registration

X Yes D 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)

In reaching this Summary Decision I have taken into account the Respondent’s email of 28^th January 2008 and its subsequent “response” documents dated 6^thand 9^th February 2009. I have also taken into account the subsequent “reply” to these documents filed on behalf of the Complainant.

8. Decision

The Expert finds, on the balance of probabilities, that the Complainant has Rights in the name or mark which is identical to the Domain Name.

The Expert finds, on the balance of probabilities, that the Domain Name is an Abusive Registration in the hands of the Respondent.

The Expert therefore directs that the Domain Name be transferred to the complainant.

Signed: Nick Phillips Dated: 3 March 2009

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	Nominet UK Dispute Resolution Service
You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Schering Plough Corp & Ors v BD Healthcare Ltd [2009] DRS 6671 (03 March 2009) URL: http://www.bailii.org/uk/cases/DRS/2009/6671.html Cite as: [2009] DRS 6671


	DISPUTE RESOLUTION SERVICE DRS 06671 Decision of Independent Expert (Summary Decision) Schering- Plough Corporation: Schering Corporation; Schering Plough Ltd and their affiliates and subsidiaries And B.D Healthcare Ltd.

	1. The Parties: Complainant: Schering- Plough Corporation: Schering Corporation; Schering Plough Ltd and their affiliates and subsidiaries Country: USA Respondent: BD Healthcare Limited Country: Great Britain

	2. The Domain Name: neoclarityn.co.uk

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	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 D 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. XYes D No 5. Abusive Registration The complainant has, to my reasonable satisfaction, shown that the Domain name neoclarityn.co.uk is an Abusive Registration X Yes D 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)

	In reaching this Summary Decision I have taken into account the Respondent’s email of 28^th January 2008 and its subsequent “response” documents dated 6^thand 9^th February 2009. I have also taken into account the subsequent “reply” to these documents filed on behalf of the Complainant.

	8. Decision The Expert finds, on the balance of probabilities, that the Complainant has Rights in the name or mark which is identical to the Domain Name. The Expert finds, on the balance of probabilities, that the Domain Name is an Abusive Registration in the hands of the Respondent. The Expert therefore directs that the Domain Name be transferred to the complainant. Signed: Nick Phillips Dated: 3 March 2009

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Nominet UK Dispute Resolution Service