DISPUTE RESOLUTION SERVICE

DRS 06162

Decision of Independent Expert

(Summary Decision)

Deloitte Touche Tohmatsu

and

Virtual Stock House Ltd

1.	The Parties:

Complainant:	Deloitte Touche Tohmatsu	
Country:	USA	

Respondent:	Virtual Stock House Ltd
Country:	St Kitts and Nevis	

2.	The Domain Name(s):

deloitte-touche.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.								 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.
								 Yes	 No

5.	Abusive Registration

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

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

7.	Decision

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

8.	     Any Comments (optional)

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 vsh.ltd@googlemail.com, 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