DISPUTE RESOLUTION SERVICE

DRS 06382

Decision of Independent Expert

(Summary Decision)

NGK Spark Plugs (UK) Limited

and

Darren Andrews

1.	The Parties

Complainant: 		NGK Spark Plugs (UK) Limited
Country:		GB
				
Respondent:		Darren Andrews
Country:		GB

2.	The Domain Name:

<ngksparkplugs.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 <ngksparkplugs.co.uk> is an Abusive Registration
X Yes	 No

5.	Other Factors

I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances
X Yes	 No

6.	Decision

The Domain <ngksparkplugs.co.uk> shall be transferred to the Complainant. 

7.	Any Comments (optional)

The Expert relies on the presumption established in Oxford Instruments plc v Bruinder Singh Dha, DRS00832 (25 March 2003), that “where a Respondent registers a Domain Name: 
(i) which is identical (or virtually identical) to a name in respect of which the Complainant has rights; and 
(ii) where that name is specifically referable to the Complainant and sufficiently distinctive; and 
(iii) where there is no obvious justification for the Respondent having adopted that name for the Domain Name; and 
(iv) where the Respondent has come forward with no explanation for having selected the Domain Name, 
it will ordinarily be reasonable for an Expert to infer that the Respondent registered the Domain name for a purpose and secondly that that purpose was abusive.” 

Signed :  Christopher Gibson			Dated:  24 November 2008