DISPUTE RESOLUTION SERVICE

DRS 6413

Decision of Independent Expert
(Summary Decision)

ON THE BEACH LIMITED

and

DOMAIN STRATA LIMITED

1.	The Parties:

Complainant:	On The Beach Limited	
Country: 	England		

Respondent: 	Domain Strata Limited
Country: 	Australia

2.	The Domain Names:

OTBEACHHOLIDAYS.CO.UK
OTBHOLIDAYS.CO.UK
ONTHBEACH.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 each of the Domain names.
	 Yes  No	

5.	Abusive Registration

The complainant has, to my reasonable satisfaction, shown that each of the Domain names OTBEACHHOLIDAYS.CO.UK, OTBHOLIDAYS.CO.UK and ONTHBEACH.CO.UK is an Abusive Registration.
 Yes	 No

6.	Other Factors

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

7.	Comments (optional)

None

8.	Decision

Having decided that each of the Domain Names in the hands of the respondent is an Abusive Registration, the Expert therefore directs that the Domain names OTBEACHHOLIDAYS.CO.UK, OTBHOLIDAYS.CO.UK and ONTHBEACH.CO.UK be transferred to the complainant.

Signed: Stephen Bate			Dated: 23 December 2008