GOOD
NEWS
We have won our Nominet case against Stealth Wildlife. In Dec
09 and Feb 10 Stealth Wildlife registered the domains www.wildlifewatchingsuppliesuk.co.uk
and www.ukwildlifewatchingsupplies.co.uk.
In an independent judgement it was found that Stealth Wildlife
had registered and used the domain names in a manner which took
unfair advantage of or was unfairly detrimental to our rights,
and the definition covers both the time of registration and
later use.
We had made
a complaint to Nominet and said that we have traded for many
years as Wildlife Watching Supplies and Stealth Wildlife had
registered 2 domain names that were only different to ours by
the inclusion of an extra u.k at either end and that it used
text and style similar to our own website. We had argued that
the domain names have confused people looking for our website.
The confusion had been compounded by the fact the websites associated
with the domain names appear to say that Wildlife Watching Supplies
UK is in association with Stealth Wildlife.
It was found
that we have rights in the name which is similar to the domain
names; and that each of the domain names, in the hands of Janatha
Carden/Stealth Wildlife Ltd. was an abusive registration and
the domain names are to be transferred to us.
When you
register and use a domain there are terms and conditions you
have to comply with. You can't register a domain name primarily
for the purpose of disrupting the business of a competitor,
or by using the domain name, you have intentionally attempted
to attract for commercial gain, internet users to your website
or other online location, by creating a likelihood of confusion
with the complainant's mark as to the source, sponsorship, affiliation
or endorsement of your website.
To see the
full decision of the Independent Expert on case number DRS 08398
Kevin Keatley Ltd. and Janatha Carden (Stealth Wildlife) go
to Nominet: http://www.nic.uk/disputes/drs/decisions/decisionssearch/
You can also see the judgement by clicking here:
Click to see a copy of the solicitors letter referred to:

In a way,
I will take it as a compliment that we have built up a successful
brand and a range of designs that another Company wanted. We
must be on the right track !!
Kevin Keatley