DISPUTE RESOLUTION SERVICE

DRS 06380

Decision of Independent Expert
(Summary Decision)

TY HAFAN

and

BRAINFIRE GROUP

1.	The Parties:

Complainant: Ty Hafan		
Country: 	GB		

Respondent:	Brainfire Group		
Country: 	Canada		

2.	The Domain Name:

	Tyhafan.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				
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 tyhafan.co.uk 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)
This is a very clear case in which the Respondent, an entity which has frequently been held to have made abusive registrations, has obviously misused the domain name in a way which has caused or will cause confusion, as part of a pattern of similar registrations. 

8.	Decision 

	The domain name tyhafan.co.uk should be transferred to the Complainant

Signed: Bob Elliott					Dated: 19 November 2008