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The Complaint was lodged with Nominet on 6 May 2005. Nominet validated the Complaint and notified the Respondent of the Complaint on 6 May 2005 informing the Respondent that it had 15 days within which to lodge a Response.
Accordingly the dispute was referred for a decision by an Independent Expert following payment by the Complainant of the required fee for a decision of an Expert pursuant to paragraph 6 of the Nominet UK Dispute Resolution Service Policy ("the Policy").
David Flint, 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.
Inside Communications Ltd are publishers of Back Street Heroes magazine and run a web site www.backstreetheroes.com. Jazz Publishing Ltd are publishers of 100% Biker Magazine and run a web site www.100-biker.co.uk The domain backstreetheroes.co.uk also resolves to the www.100-biker.co.uk site. There is clear and deliberate intent to cause confusion between the competitive products.
The Domain Name in dispute is identical or similar to a name or mark in which the Complainant has Rights.
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