DISPUTE RESOLUTION SERVICE

DRS 06135

Decision of Independent Expert

Goeffrey Swindale

and

Chris Holland

1.	The Parties:

Complainant:		Geoffrey Swindale
Country:		GB

Respondent:		Chris Holland
Country:		GB

2.	The Domain Name(s):

swindale.co.uk

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		

3.	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

4.	Abusive Registration

The complainant has, to my reasonable satisfaction, shown that the Domain name swindale.co.uk is an Abusive Registration
 Yes	x No

5.	Other Factors

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

6.	Decision

The domain name swindale.co.uk shall not be transferred to the Complainant.

7.	Any Comments (optional)

Reference is made to DRS Policy para. 4(d): “Trading in domain names for profit, and holding a large portfolio of domain names, are of themselves lawful activities. The Expert will review each case on its merits.”  The Complainant has not provided sufficient evidence to show, on the balance of probabilities, that the disputed domain name is an abusive registration.

Signed:  Christopher Gibson		       Dated:  8 October 2008