DISPUTE RESOLUTION SERVICE

DRS 06949

Decision of Independent Expert
(Summary Decision)

Midbass Distribution Limited

and

Vibe Network Limited

1.	The Parties:

Complainant:	Midbass Distribution Limited	
Country:	UK	

Respondent:	Vibe Network Limited	
Country:	UK	

2.	The Domain Name(s):

	Vibe.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.								xYes	 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 vibe.co.uk is an Abusive Registration
 Yes x 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)

Vibe is a noun in fairly common use in the English language. Therefore, although the Complainant has demonstrated that it has Rights, by virtue of its trade marks, it is likely that others would also want to use such a word, without intending to refer to the Complainant. The Respondent’s company name includes Vibe, and it is an active company (according to Companies House records). Nominet’s records show that the domain name was registered in March 2005 (although a search on the Wayback Machine website shows that there was an active website at the domain from at least several years earlier which, contrary to what is said in the Complaint, was still active in 2005). The current website at the domain name has an email contact point connecting to an email address at itvibe.com. There is a functional website at www.itvibe.com containing IT news, which a Google search suggests is a site which was acquired by the Respondent in 2007. Although the Respondent has not replied to the Complaint, the circumstances suggest to the Expert that the acquisition of the domain name was intended for use in respect of the Respondent’s business, and the Complainant has not made out any convincing case to the contrary to demonstrate that the registration was abusive. The Complaint therefore fails.  

8.	Decision

	The Complaint fails, and no action needs to be taken

Signed: Bob Elliott						Dated: 9 April 2009