DISPUTE RESOLUTION SERVICE
DRS 6478

Decision of Independent Expert
(Summary Decision)

Ken MacLeod

and

Warren Smith

1	The Parties
Complainant:	Ken MacLeod	
Country:	United Kingdom	

Respondent:	Warren Smith	
Country:	Australia	

2	The Domain Name(s)
Davidurquart.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 davidurquart.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)
Documentary evidence of common law rights in the DAVID URQUHART name would have been helpful

8	Decision
The domain name be transferred to the Complainant.  

Signed: David Engel					Dated:  6 January 2009