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Nominet UK Dispute Resolution Service


You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> The Samatha Trust v Namecheap.com UK Ltd [2009] DRS 6867 (20 April 2009)
URL: http://www.bailii.org/uk/cases/DRS/2009/6867.html
Cite as: [2009] DRS 6867

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    DISPUTE RESOLUTION SERVICE
    DRS 06867

    Decision of Independent Expert
    (Summary Decision)

    The Samatha Trust
    and
    Namecheap.com UK Ltd

  1. The Parties:
  2. Complainant: The Samatha Trust

    Country: GB

    Respondent: NAMECHEAP.COM UK Ltd

    Country: GB

  3. The Domain Name(s):
  4. samatha.co.uk

  5. Notification of Complaint
  6. 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
  7. Rights
  8. 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.
    Yes X No
  9. Abusive Registration
  10. The Complainant has, to my reasonable satisfaction, shown that the Domain Name samatha.co.uk is an Abusive Registration
    Yes X No

  11. Other Factors
  12. I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances.
    X Yes No
  13. Comments (optional)
  14. Save for a reference to a registered charity number, the Complainant provides no details and no evidence of the Rights in the name Samatha on which it relies or of the extent of its use of the name. Furthermore, there is insufficient information as to the Respondent's use of the Domain Name.

  15. Decision
  16. The Complaint fails and no action shall be taken.

    Signed : Steve Ormand Dated: 20th April 2009


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URL: http://www.bailii.org/uk/cases/DRS/2009/6867.html