Smart-tek (UK) Ltd v Kelly, Court of Appeal - Nominet UK Dispute Resolution Service, April 27, 2009, [2009] DRS 7062

Resolution Date:April 27, 2009
Issuing Organization:Nominet UK Dispute Resolution Service
Actores:Smart-tek (UK) Ltd v Kelly



DRS 07062

Decision of Independent Expert

(Summary Decision)

Smart-tek (UK) Limited


Matt Kelly

  1. The Parties:

    Ist Complainant: Smart-tek (UK) Limited

    Country: UK

    2nd Complainant: Hambrocavendish Limited

    Country: UK

    Respondent: Matt Kelly

    Country: UK

  2. The Domain Name(s):

  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 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)

    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...

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