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Intercoast Investment Holdings Ltd v Advanced Techies Ltd [2005] DRS 02533 (14 June 2005)
The Complaint was lodged with Nominet in full on 14 April 2005. Nominet validated the Complaint and notified the Respondent of the Complaint on 19 April 2005 and informed the Respondent that it had to lodge a Response by 11 May 2005. No Response was filed. On 13 May 2005 the Complainant paid Nominet the appropriate fee for a decision of an Expert pursuant to paragraph 7 of the Nominet UK Dispute Resolution Service Policy ("the Policy").
Cerryg Jones, the undersigned, ("the Expert") confirmed to Nominet that he knew of no reason why he could not properly accept the invitation to act as expert in this case and further confirmed that he knew of no matters which ought to be drawn to the attention of the parties, which might appear to call into question his independence and/or impartiality.
The Complainant is Intercoast Investment Holdings Limited. It alleges that it owns an US registered trade mark with a registration date of 7 September 2004 for the word mark EROS ENTERTAINMENT for sound, video and data recording featuring cinematographic films featuring comedy, drama and suspense of South Asian origin, and the production of films and sound and video recordings in Hindi and English. It appears that the mark was filed in the US on 18 September 2001.
The Respondent filed the disputed domain name on 29 September 2003. The domain name resolves to a website at www.bollywooddvds.com , which is a website that offers a variety of Bollywood themed dvds.
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