2sms.com Ltd v Global Publications Ltd

The Complaint was submitted to Nominet on 27 September 2004, and hard copies of the Complaint were received in full by Nominet on 30 September 2004. On 5 October 2004 the Complaint was validated by Nominet. On the same day the Complaint was sent to the Respondent. The Respondent was informed that it had 15 working days, that is until 27�October 2004, in which to respond to the Complaint.

No response was filed by the Respondent and so mediation was not possible. On 8�November 2004, the Complainant paid the fee to obtain an Expert Decision pursuant to paragraph 6 of the Nominet Dispute Resolution Service Policy ("the Policy").

On 11 November 2004, Antony Gold, the undersigned, ("the Expert"), confirmed to Nominet that he knew of no reason why he could not properly accept Nominet's invitation to him to act as an Expert in this case.

The Complainant asserts that it has Rights in the name 2SMS and that the registration of the Domain Name by the Respondent is an Abusive Registration. However, the Complainant has submitted only limited evidence to support its assertions. In particular, the Complainant has not provided sufficient information for the Expert to determine that it has Rights in the name, 2SMS.

"Rights" are defined both in the Policy and the Procedure as including, but not limited to, rights enforceable under English law. The sole evidence of the Complainant's Rights set out in the Complaint is the assertion that " 2sms.com Limited provide corporate text messaging on our website at www.2sms.com which is similar to the domain name in dispute " coupled with a printout of the 'home' and 'products' pages from a website at 2sms.com and a page from that site which provides comments from users of "2sms".