Tesco Personal Finance Ltd v Nevett, Court of Appeal - Nominet UK Dispute Resolution Service, October 18, 2006,  DRS 3962
|Resolution Date:||October 18, 2006|
|Issuing Organization:||Nominet UK Dispute Resolution Service|
|Actores:||Tesco Personal Finance Ltd v Nevett|
Nominet NOM1-001 Blank Decision
Tesco Personal Finance Ltd -v- Gethin Nevett
Nominet UK Dispute Resolution Service
Decision of Independent Expert
Complainant: Tesco Personal Finance Ltd
Contact: Mr James Thomas
Respondent: Mr Gethin Nevett
DISPUTED DOMAIN NAME:
tescoestateagents.co.uk (the ``Domain Name'')
3.1 On 1 September 2006 the dispute was entered into the Nominet Dispute Resolution Service (DRS). Hard copies of the Complaint were received in full by Nominet on 4 September 2006. The Complaint was validated by Nominet on 5 September 2006 and a copy of the Complaint was sent to the Respondent the same day.
3.2 No Response was filed so the dispute did not go to informal mediation.
3.3 On the 5 October 2006 Veronica Bailey, having confirmed to Nominet that she was independent of each of the parties and that she knew of no matters which ought to be drawn to the attention of the parties, which might appear to call in to question her independence and/or impartiality, was appointed expert.
OUTSTANDING FORMAL/PROCEDURAL ISSUES:
4.1 The Respondent has not submitted a Response to Nominet in time (or at all) in compliance with Paragraph 5(a) of the DRS Procedure for the conduct of proceedings under the Dispute Resolution Service (``the Procedure'').
4.2 Paragraph 15(b) of the Procedure provides that: ``If, in the absence of exceptional circumstances, a Party does not comply with any time period laid down in the Policy or this Procedure the Expert will proceed to a Decision on the complainant''.
4.3 Nominet appears to have used all the available contact details to try to bring the Complaint to the Respondent's attention. There do not appear to be any exceptional circumstances involved and in accordance with Paragraph 15(b) of the Procedure a Decision will be made on the Complaint notwithstanding the absence of a Response.
5.1 The Domain Name tescoestateagents.co.uk was registered to the Respondent on 4th August 2005.
5.2 The Complainant was incorporated on 5 March 1997 (company number SC173199). It operates as the financial services arm of the supermarket chain Tesco Stores Ltd through a joint venture with The Royal Bank of Scotland Group plc. The Complainant provides internet, supermarket and telephone banking and personal financial services including insurance, mortgages, loans and savings.
5.3 The Complainant is licensed is use the trade mark ``TESCO'' in connection with its financial trading business by Tesco Stores Limited, the registered owner of that mark.
5.4 The Complainant owns the UK trade mark registration for TESCO PERSONAL FINANCE in connection with a wide range of financial services including real estate and mortgages.
THE PARTIES' CONTENTIONS:
In summary the Complainant contends that:
6.1 The Domain Name in dispute is identical or similar to a name or mark in which it has Rights; and the Domain Name in the hands of the Respondent is an Abusive Registration.
6.2 The Complainant has...
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