New Bergerber Man

Acronyms: Nude Dyslexics Sex Chat

Case: D2002-0128


Complainant: The National Deaf Children’s Society

Respondent: "Nude Dames, Chat, Sex"

The Defense:

The Response states that the Respondent registered <> with "Nude Dames Sex Chat" in mind, and not the Complainant. The Panel observes that the acronym of "Nude Dames Sex Chat" is "NDSC" which does not correspond to the domain name in dispute. respect of the Respondent’s claim that he registered <> with the words "Nude Dames Sex Chat" in mind, the Panel cannot accept the submission as plausible absent evidence establishing the Respondent’s dyslexia. The Panel refers to WIPO decision D2001-0957, British Heart Foundation v. Harold A. Meyer III, a case in which the Complainant was another UK charity and the Respondent was Harold A. Meyer III, the individual who is the administrative contact and technical contact in the present case, and who the Response claims is also the actual Respondent in the present proceeding. In the above case, the domain name in dispute was <>, and the Complaint was dismissed as a result of the complainant failing to prove that it had common law trade mark rights in the acronym "BHF". The Panel notes that the at the time of the Administrative Proceeding the registrant of the domain name <> was Harold A. Meyer III, but a WHOIS search reveals that the registrant is now "".

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