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Nominet UK Dispute Resolution Service
You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Tohmatsu v Virtual Stock House Ltd [2008] DRS 6162 (13 October 2008)
URL: http://www.bailii.org/uk/cases/DRS/2008/6162.html
Cite as: [2008] DRS 6162

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    DISPUTE RESOLUTION SERVICE
    DRS 06162

    Decision of Independent Expert

    (Summary Decision)

    Deloitte Touche Tohmatsu
    and
    Virtual Stock House Ltd

  1. The Parties:

    2. Complainant: Deloitte Touche Tohmatsu

    Country: USA

    Respondent: Virtual Stock House Ltd

    Country: St Kitts and Nevis

  2. The Domain Name(s):

    3. deloitte-touche.co.uk

  3. Notification of Complaint

    4. 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. ... Yes ( No
  4. Rights

    5. 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 ( No
  5. Abusive Registration

    6. The Complainant has, to my reasonable satisfaction, shown that the Domain Name, www.deloitte-touche.co.uk, is an Abusive Registration
    ... Yes ( No

  6. Other Factors

    7. No other factors apply which would make a summary decision unconscionable in all the circumstances.
    ... Yes ( No
  7. Decision

    8. The Domain Name, www.deloitte-touche.co.uk, should be transferred to the Complainant.

  8. Any Comments (optional)

    9. The posted Complaint was returned to sender and email copies generated delivery failure notifications. However, it is clear the Respondent received notification of this dispute. By an email of 17 September 2008, from [email protected], the Respondent acknowledged receipt and consented to transfer, saying the Domain Name had been acquired ".as part of a portfolio purchase" and had "slipped past [its] monitoring for potentially disputable domain names." This explanation is not entirely compatible with the Respondent's use of the Domain Name to sell sponsored links to the Complainant's competitors.

    Signed Victoria McEvedy Dated 13 October 2008

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URL: http://www.bailii.org/uk/cases/DRS/2008/6162.html