Nominet UK
DRS Complaint Form


Complaint Reference Number: 3707
(IMPORTANT: please quote this temporary number on any documentation 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:Individual
Complainant:Mr Earle Martin
Address:00 Xxxxxxx Road
 London
Postcode:X00 0XX
Country:GB

Contact Details
Contact:Mr Earle Martin
Address:00 Xxxxxxx Road
 London
Postcode:X00 0XX
Country:GB
Daytime Tel No.:020 0000 0000
Mobile Tel No.:07000 000000
Fax:020 0000 0000
Email:xxxxxxx downlode.org
Reference:: 
All correspondence will be by post and email

Respondent's Details
Respondent Name:Mr Neil McKillop
Address:
Glasgow
Postcode:
Country:GB
Email:neil@mckillop.org

Disputed Domain Names
openguide.co.uk
openguides.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.
My name is Earle Martin. I am one of the members of a project called OpenGuides. We have collectively produced a piece of software for the collaborative creation of city guides on the World Wide Web. This software, also known as OpenGuides, now powers several websites that act as city guides, such as London (at http://london.openguides.org/). A full list can be found at the project home page, http://openguides.org/ . Our project uses as its distinguishing trade marks the OpenGuides name, and the phrase "The Open Guide to...", as in "The Open Guide to London".

It has been drawn to my attention that an individual called Neil McKillop has registered the domain names "openguide.co.uk" and "openguides.co.uk". In addition, he is operating a website billing itself variously as "Open Guide to Glasgow", "GlasgowGuide" and "OpenGuide", available at both the URLs http://glasgow.openguide.co.uk/ and http://glasgow.openguides.co.uk/ . Neither Mr. McKillop nor this website are affiliated with the OpenGuides project. His website is not operating on our software. He does not have permission to use any of our trade marks. I believe that this will be in violation of Nominet DRS Policy paragraph 3 part (a) section (ii).

Mr. McKillop did not reply to an email sent on August 13, 2005 requesting he cease and desist these activities. He is receiving a copy of this Complaint.

Cases of use of the OpenGuides marks may be found by conducting a web search. A notable example is:

http://www.perl.com/pub/a/2003/10/31/openguides.html

They have also been used in the book "Mapping Hacks", published by O'Reilly Media, Inc (ISBN: 0-596-00703-5).


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 (on behalf of the Complainant) that by submitting a complaint under Nominet's Dispute Resolution Service, the Complainant submits 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 the Complainant agrees that any such legal proceedings will be governed by English law.

Declarations
I agree and accept (on behalf of the Complainant) that,

the Complainant's claims and remedies concerning the registration of the domain name(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 this complaint is to the best of the Complainant's 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.

If the Expert orders a transfer of the domain name(s) then the Complainant agrees to be bound by Nominet's Terms and Conditions for the Registration of Domain Names, and in particular the provisions relating to Nominet's processing of personal data.


Documentation in Support of Complaint
I am not submitting documentation with this complaint
NB. You must send Nominet the signed original of this form, together with an electronic copy. Nominet cannot open a file until we have received the signed hard copy of the complaint.

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

Complainant
Date of submission: 23/08/2005