Nominet UK

DRS Complaint Form

 

 


 

Temporary Complaint Reference Number: 2670

(IMPORTANT: Quote this temporary number on any annexes which you send.

Once your complaint has been validated and processed, Nominet will assign a DRS reference number to the complaint, which should be quoted on all correspondence)

 

 

Complainant.s Details

 

Complainant Type:        Business

Complainant:                SAVVIS UK Limited

Address:                       Eskdale Road

                                    Winnersh Triangle

                                    Wokingham

                                    Berkshire

Postcode:                     RG41 5TS

Country:                       GB

 

 

Contact Details

 

Contact:                       Mr Ian Watson

Business Name:            SAVVIS UK Limited

Address:                       Eskdale Road

                                    Winnersh Triangle

                                    Wokingham

                                    Berkshire

Postcode:                     RG41 5TS

Country:                       GB

Daytime Tel No.:          0118 3226256

Mobile Tel No.:            07866 697257

Fax:                              0118 3226070

Email:                           ian.watson@savvis.net

Reference:                   

All correspondence will be by post and email

 

 

Respondent.s Details

 

Respondent:                 Mr Alif Terranson

Address:                       6455 Alamo

                                    Apartment 2E

                                    Clayton

                                    Missouri

Postcode:                     63015

Country:                       US

Email:                           measl@mfn.org

 

 

Disputed Domain Names

 

savvis.co.uk

 

 

The Complaint

 

I confirm that Domain Name(s) in dispute are identical or similar to a name or mark in which I have Rights.

I confirm that Domain Name(s) in the hands of the Respondent is an Abusive Registration.

 

SAVVIS UK Limited asserts its rights with regards to the mark "SAVVIS" and/or "savvis". These marks were initially filed on 12 August 1999 with the UK patent office and are active through the renewal date of 12 August 2009. This mark is registered for the following purpose(s): Communication services; computer communications services; networking services; the provision of data, video and/or voice networking; the provision of data, video and/or voice transmissions; global computer electronic data networking services, namely, the provision of digital data, voice and video transmissions; computer communications services, namely, the provision of interactive networking services to businesses and customers via computer terminals, telephones, fibre optics and global and local computer networks; sale, lease and/or hire of computer hardware, software for use with computers, computers, software, communications apparatus and instruments; computer services; information, advisory and/or consultancy services in respect of information technology; provision of computer hardware, software, information technology, networking, consultancy and management services; provision of information and/or advice on the foregoing. A copy of the registrations will be included with hard copy of the submission. The domain name "savvis.co.uk" is currently registered with the Respondent, TerransonAlif, aka Mr.Alif Terranson. Mr. Terranson was employed by SAVVIS prior to the date of registering the domain. SAVVIS has attempted to settle this matter amicably, however, Mr. Terranson has not complied with our request to relinquish the domain and to cease and desist from registering any further domains with a registered SAVVIS mark included. SAVVIS believes that the domain as registered to the Respondent will confuse parties who are attempting to contact the Company. As a result of the registration, SAVVIS believes this will dilute its right in its trade mark causing an unfair detriment to SAVVIS. We believe that because he personally registered the domain without the Company's consent, this may block SAVVIS' ability to register the domain in the name of the Company.

 

 

Remedies Requested

 

Transferred

 

 

Legal Proceedings

 

As far as I am aware no legal proceedings have been issued or terminated in connection with the Domain Name.

 

 

Jurisdiction

 

I confirm that by submitting a complaint under Nominet.s Dispute Resolution Service, I submit to the exclusive jurisdiction of the English courts with respect to any legal proceedings seeking to reverse the effect of a Decision requiring the suspension, cancellation, transfer or other amendment to a domain name registration(s), and I agree that any such legal proceedings will be governed by English law.

 

 

Declarations

 

I agree and accept that,

 

my claims and remedies concerning the registration of the domain names(s), the dispute, or the dispute.s resolution shall be solely against the Respondent and that neither Nominet UK nor its directors, officers, employees or servants nor any Expert shall be liable for anything done or omitted in connection with any proceedings under the Dispute Resolution Service unless the act or omission is shown to have been in bad faith.

 

The information contained in the complaint is to the best of my knowledge true and complete.  This complaint is not being presented in bad faith and the matters stated in this complaint comply with the Procedure and applicable law.

 

The information provided in this submission may be sent out of the European Economic Area in the event that a party involved in the Dispute Resolution Service is situated outside the EEA

 

 

Documentation in Support of Complaint

 

I am submitting documentation with this complaint

 

 

 

Signed by ................

Complainant

 

 

Date of submission:   28/05/2004