Deutsche Telekom AG v Warwick [2008] DRS 6372 (26 November 2008)

DISPUTE RESOLUTION SERVICE DRS 6372

Decision of Independent Expert (Summary Decision)

Deutsche Telekom AG

and

James Warwick

1. The Parties:

Complainant: Deutsche Telekom AG

Address:

Postcode

Country: Germany

Respondent: James Warwick

Address:

Postcode:

Country: UK

2. The Domain Name(s):

t-mobile-flext.co.uk

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 [enter domain name(s)] 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)

The respondent has clearly registered the Domain name in the knowledge of the complainant’s rights (it is used to host a page containing reference to the respondent’s Flext tariff) and it is being used to damage the complainant by diverting business from the complainant.

8. Decision

The Domain be transferred to the complainant.

Signed: Dated: 26 November 2008

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You are here: BAILII >> Databases >> Nominet UK Dispute Resolution Service >> Deutsche Telekom AG v Warwick [2008] DRS 6372 (26 November 2008) URL: http://www.bailii.org/uk/cases/DRS/2008/6372.html Cite as: [2008] DRS 6372



	DISPUTE RESOLUTION SERVICE DRS 6372

	Decision of Independent Expert (Summary Decision)

	Deutsche Telekom AG and James Warwick

	1. The Parties: Complainant: Deutsche Telekom AG Address:

	Postcode Country: Germany Respondent: James Warwick Address:

	Postcode: Country: UK

	2. The Domain Name(s): t-mobile-flext.co.uk

	1



	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 [enter domain name(s)] 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) The respondent has clearly registered the Domain name in the knowledge of the complainant’s rights (it is used to host a page containing reference to the respondent’s Flext tariff) and it is being used to damage the complainant by diverting business from the complainant.

	8. Decision The Domain be transferred to the complainant.

	Signed: Dated: 26 November 2008

	2

Nominet UK Dispute Resolution Service