New Dream Network, LLC v Wright, Court of Appeal - Nominet UK Dispute Resolution Service, May 29, 2008, [2008] DRS 5561

Resolution Date:May 29, 2008
Issuing Organization:Nominet UK Dispute Resolution Service
Actores:New Dream Network, LLC v Wright

Dream-host nominet final decision.DOC

Nominet UK Dispute Resolution Service

DRS No. 5561

New Dream Network, LLC v. Craig Wright

Decision of Independent Expert

1 Parties

Complainant: New Dream Network, LLC

Country: US

Respondent: Craig Wright

Country: GB

2 Domain Name

(the ``Domain Name'')

3 Procedural Background

The Complaint entered Nominet's system on 20 March 2008. Hard copies of the Complaint were received by Nominet on 26 March 2008. The Complaint was validated and sent to the Respondent on 26 March 2008. No response was received within the deadline for response of 21 April 2008 and therefore no response was forwarded to the Complainant. Mediation not being possible and the Complainant having paid the relevant fee, the Complaint was referred to me. I confirmed that I was not aware of any reason why I could not act as an Independent Expert in this case and I was appointed as such on 19 May 2008.

4 Outstanding Formal/Procedural Issues (if any)

4.1 There are no outstanding formal or procedural issues.

5 The Facts

5.1 The Complainant is New Dream Network, LLC, a limited liability company based in the United States of America. The Complainant operates the `DREAMHOST' web hosting service, and has done so in the United Kingdom since at least 1998.

5.2 The Complainant provides web hosting services under the name `DREAMHOST' at the website operating from the domain name , which it registered in 1997. It has provided services under the DREAMHOST name in the United Kingdom since at least 1998.

5.3 The Complainant is the owner of United States trademark, Reg. No. 2,664,983 in the word DREAMHOST (registered on 24 December 2002). On 26 March 2007 it also filed an application for a Community trade mark (``CTM'') in the word DREAMHOST and this proceeded to registration with Reg. No. 005785671 on 31 January 2008.

5.4 The Respondent appears to be an individual based in Cardiff, Wales.

5.5 The Domain Name was registered on 6 April 2005 in the name of the Respondent (by whom it continues to be held).

5.6 The Domain Name has been used for a website offering web-hosting services and the supply of IT equipment under the ``Dream-Host Limited'' name. Dream-Host Limited is a UK company incorporated in June 2006 with registered company no. 05862090. Its registered office is at 7 Station Terrace, Mountain Ash, CF45 3SS Details for this company are publicly available from the Companies House website..

6 The Parties' Contentions


6.1 The Complainant seeks transfer of the registration of the Domain Name to itself, on the grounds that it is identical or similar to a name or mark in which the Complainant has Rights and that the registration of the Domain Name in the name of the Respondent is an Abusive Registration.

6.2 The Complainant asserts that it ``has rights in...

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