
Nominet UK Dispute Resolution Service DRS 01009
HUMBERSIDE INTERNATIONAL AIRPORT LIMITED v.
LINCOLNSHIRE TRADING COMPANY LIMITED
Decision of Independent Expert
1. Parties: Complainant: Humberside International Airport Limited
Address: Humberside International Airport
Kirmington South Humberside
Represented by: Irwin Mitchell, Solicitors of Leeds
Respondent: Lincolnshire Trading Company Limited
Address: Farlesthorpe Road
Alford Lincolnshire Postcode: LN13 9PS
2. Domain Names:
humbersideairport.co.uk; humbersideinternationalairport.co.uk (“the Domain Names”)
3. Procedural Background:
The complaint was received by Nominet in full with hardcopies on 21 May, 2003. Nominet
validated the complaint and informed the Respondent, by both letter and by e-
Service had been invoked and that the Respondent had 15 days (until 17 June, 2003) to submit a Response. No Response or reply of any sort was received. Nominet informed the Complainant accordingly on 19 June, 2003, noting that Informal Mediation was not an option in this situation, and inviting the Complainant to pay the fee to obtain an Expert Decision pursuant to paragraph 6 of the Nominet UK Dispute Resolution Service Policy (“the Policy”). The fee was duly paid on 30 June, 2003 and received by Nominet 2 July, 2003. On 2 July, 2003, Nominet invited the undersigned, Keith Gymer (“the Expert”), to provide a decision on this case and, following confirmation to Nominet that the Expert knew of no reason why he could not properly accept the invitation to act in this case and 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, Nominet duly appointed the undersigned as Expert on the 3 July, 2003.
4. Outstanding Formal/Procedural Issues (if any): None.
5. The Facts:
The Complainant was evidently incorporated in its present name in 1987. It operates
the Humberside International Airport and has an established web site at www.humberside-
6. The Parties’ Contentions:
Complainant: The Complainant has asserted that, for each Domain Name at issue:
i)
The Complainant has Rights in respect of a name or mark which is identical or similar
to the Domain Name (Policy Paragraph 2a(i)); and ii) The Domain Name, in the hands
of the Respondent, is an Abusive Registration (Policy Paragraph 2a(ii)). In support
of its case, the Complainant submits that:
1. The Complainant is, and has at all material times been, the sole owner of the
reputation and valuable goodwill associated with the marks "HUMBERSIDE AIRPORT" and
“HUMBERSIDE INTERNATIONAL AIRPORT” ("the Marks"). The domain names www.humbersideairport.co.uk
and www.humbersideinternationalairport.co.uk ("the Domain Names") have been acquired
by Lincolnshire Trading Company Limited ("the Respondent") in direct infringement
of rights in the goodwill and reputation attaching to the Marks and belonging to
the Complainant.
2. The Complainant has accrued a substantial reputation and valuable
goodwill in the UK (and internationally) associated with the Marks by offering air
transport and associated services under and in relation to the Marks and each of
them. Particulars Financial year Number of Passengers 1996/97 288,480 1997/98 339,735
1998/99 362,447 1999/00 436,030 2000/01 456,692 2001/02 440,126 2002/03 502,691 3.
Further, the Complainant's business has been extensively advertised and promoted
under the Marks and each of them by or on behalf of the Complainant. Particulars
In the last 3 years, the Complainant has spent approximately half a million pounds
on advertising /marketing promotional activities, including (approx) £166,000 on
radio, outdoor, newspaper and magazine advertisements, £200,000 on direct mail and
printed materials and £130,000 on trade activity/promotion.
4. In the premises the Marks have acquired a valuable goodwill and reputation in the UK and internationally. The Marks and associated goodwill have come to be associated with the Complainant and no other. The Complainant is the owner, and has exclusive rights to, the reputation and valuable goodwill associated with the Marks and any similar marks.
5. The Domain Names were registered by the Respondent with EasySpace Limited: (i) on 10 March 2000 for the Domain Name www.humbersideairport.co.uk; and (ii) on 31 March 2000 for the Domain Name www.humbersideinternationalairport.co.uk. The Respondent does not have any bona fide interest in, or association with, the Marks or either of them. The Domain Names do not have associated with them any active website. The Domain Names are identical or similar to the Marks and each of them.
6. The Domain Names are, and/or may in future be used as, a representation to the public that the Domain Names are owned, operated, approved by or otherwise connected with the Complainant. Further or in the alternative, the Domain Names may in future be used to represent that the Respondent's business is that of the Complainant or is owned or otherwise associated with the Complainant. Such representations are false and are likely to cause confusion and deception amongst the public. By reason of such representations, the Claimant's have and/or may in future suffer loss and damage.
7. In the premises, and at the time of registration and all material times since, the Domain Names and each of them: (i) take unfair advantage of the Complainant's valuable goodwill and reputation in the Marks and each of them; and/or (ii) are unfairly detrimental to the Complainant's valuable goodwill and reputation in the Marks and each of them.
8. Further, the registration by the Respondent of the Domain Names amounts to an Abusive Registration for the following reasons: (i) Respondent registered the Domain Names with the sole or primary purpose of selling the Domain Names to the Complainant for monies in excess of the Respondent's out of pocket expenses. Correspondence between the Respondent’s representatives and the Complainant’s representatives [annexed as appendices to the hardcopy Complaint] demonstrates the bad faith and intentions of the Respondent in obtaining the Domain Names. (ii) The Respondent has engaged in a pattern of making abusive registrations as evidenced by its wrongful registration of the domain names www.humbersideairport.com on 10 March 2000 and of www.humbersideinternationalairport.com on 25 November 2002. The latter domain name was registered by the Respondent after being informed of the Complainant’s rights.
Continued . . . . .
We are all used to Solicitors charging ‘extortionate’ fees . . they call them . . but you don’t expect them to actually aid and abet it for real.
MCP Law are probably upset at me owning a web site with a name very much like their own. And there are complaints procedures that can be made to Nominet about that. . . . However MCP Law are more used to extorting others over domain names than they are defending them. According to this little gem they attempted to extort £4,000 from Humberside International Airport Ltd on behalf of clients described herein as, amongst other things “ breathtaking in their presumptuousness” . . . “sought to extract disproportionate recompense from, and to take unfair advantage” . . Simple extortion to you and I
Their’ Solicitors Metcalfe Copeman & Pettefar fared no better “the Expert is satisfied
that the letter sent on behalf of the Respondent, by MCP dated 26 November, 2002,
in particular, provides evidence of ample impropriety” DIRTY TRICKS to you and me.
But lying on behalf of a client would do as well. It’s bad enough when someone tries
to fleece another. But when a Solicitor knowingly does it on their behalf . . . Well!
. .
that’s exactly what this site is all about after all.
It’s a long read but skip
the boring bits. I’ve highlighted all the juicy bits in bold near the bottom of the
page, my comments are in red. . . Or click here and go straight there.



The Respondent’s actions in this respect are surely breathtaking in their presumptuousness,
or stupidity. Knowing that the Complainant had objected to the Respondent’s opportunistic
(mis)appropriation of its name and marks in the Domain Names “humbersideairport.co.uk”
and “humbersideinternationalairport.co.uk”, and also having previously registered
the domain name “humbersideairport.com” (the WHOIS record shows this was done on
10 March, 2000, which was the same day the Respondent registered “humbersideairport.co.uk”),
and knowing that it had no authority whatsoever to act for the Complainant, it proceeded
to register the domain name “humbersideinternationalairport.com” as well (the WHOIS
record shows this was done in the Respondent’s name, and not in the Complainant’s
name), and then had the brazen effrontery to present this as safeguarding the Complainant’s
interests. The Expert notes that the WHOIS record for “humbersideinternationalairport.com”
shows that this domain name was created on 25 November, 2002 (the day before the
Respondent’s solicitor’s letter) and so the Expert believes that it is likely that
the statement that this domain name was “for sale” (impliedly by some undisclosed
third party) at that time is another misrepresentation.
The reality is (means your lying) most probably that this domain name was not previously
registered, and that the Respondent itself caused it to be registered in the expectation
that it might strengthen its perceived bargaining position with the Complainant.
(means extortion)
The Expert also considers that the Respondent’s demand for £2,000
is indeed “more than reasonable”, but not in the sense apparently intended by the
Respondent’s solicitors. Rather, it is support for the contention that the Respondent
did clearly register the Domain Names in this case “primarily for the purposes of
selling, renting or otherwise transferring the Domain Name(s) to the Complainant
or to a competitor of the Complainant, for valuable consideration in excess of the
Respondent's documented out-
Consequently, the Expert concludes that the Domain Names have each manifestly been registered or otherwise acquired in a manner, which at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the Complainant’s Rights, and that each is an Abusive Registration for the purposes of the Policy.
8. Decision:
Having concluded that the Complainant has Rights in respect of names
or marks which are similar to each of the Domain Names and that each Domain Name,
in the hands of the Respondent, is an Abusive Registration, the Expert determines
that the Domain Names, humbersideairport.co.uk and humbersideinternationalairport.co.uk,
should both be transferred to the Complainant as requested.
With respect to the Complainant’s second and third requests for relief in terms of
payment of indemnity costs and interest, the Expert notes that the Policy (Paragraph
10) provides only for implementation of a Decision “that a Domain Name should be
cancelled, suspended, transferred or otherwise amended”. There is no provision for
making or enforcing any Decision beyond this. Consequently, the Expert declines the
Complainant’s requests for additional relief beyond transfer of the Domain Names
as above.
July 10, 2002
Keith Gymer Date
Why do I call it The Metcalfe Copeman Pettefar extortion PLOT ?.
. .one word really . . their own word “yesterday” . . . It would would not have been
possible for the respondent to have arranged the letter after he had bought the name
so quickly. So they must have conspired to do this . .they just couldn’t wait could
they?. . . . Care to comment MCP?
Particulars
(i) Letter from Metcalfe Copeman & Pettefar Solicitors on behalf of the
Respondent dated 13 November 2003. Letter contains a demand for £2000 for transfer
of the Domain Names.
(ii) Letter from Metcalfe Copeman & Pettefar Solicitors on behalf
of the Respondent dated 26 November 2003. Letter contains a demand for £2000 for
transfer of the Domain Names and informs of Respondent’s purchase of www.humbersideinternationalairport.com;
(iii)
Letter from Metcalfe Copeman & Pettefar Solicitors on behalf of the Respondent dated
18 December 2003. Letter contains a demand for £4000 for transfer of the Domain Names.
9.
Further or in the alternative, the Respondent registered the Domain Names with the
sole or primary purpose of the same being a blocking registration against the Complainant’s
rights in the valuable goodwill and reputation associated with the Marks and each
of them. Paragraphs 2 to 6 herein are repeated.
10. Further or in the alternative, the Respondent registered the Domain Names with
the sole or primary purpose of unfairly disrupting the Complainant’s business. Paragraphs
2 to 6 herein are repeated. The Domain Names may be used to divert business from
the Complainant and/or by wrongfully holding the Domain Names the Respondent is preventing
the Complainant expanding into internet-
RELIEF SOUGHT
1. Paragraphs 8 and 9 above are repeated. By reason of the same the Domain Names,
and each of them:
(i) are identical or similar to a mark in which the Complainant
has rights; and/or
(ii) in the hands of the Respondent are Abusive Registrations
within the meaning of Nominet’s Dispute Resolution Policy. The Complainant therefore
requests that the Domain Names be transferred to the Complainant.
2. Costs on an
indemnity basis to be paid to the Complainant by the Respondent.
3. Interest on any
sums due.
Respondent:
The Respondent made no Response to, and raised no challenge to, any of the facts and evidence submitted by the Complainant.
7. Discussion and Findings:
General
Paragraph 2 of the Policy requires that, for the Complainant to succeed, it must prove to the Expert, on the balance of probabilities, both that it has Rights in respect of a name or mark which is identical or similar to each Domain Name at issue; and that each Domain Name in this case, in the hands of the Respondent, is an Abusive Registration as defined in Paragraph 1 of the Policy.
Complainant’s Rights
The Complainant in this case has asserted that it has rights in the names and marks
HUMBERSIDE AIRPORT and HUMBERSIDE INTERNATIONAL AIRPORT and that these names are
each identical or similar to the Domain Names at issue. The Complainant has no trade
mark registration for HUMBERSIDE AIRPORT or for HUMBERSIDE INTERNATIONAL AIRPORT
itself. However, as the Complainant has stated, it is clear that it has used the
HUMBERSIDE INTERNATIONAL AIRPORT name at least since 1987 in general and it has provided
commercial figures as evidence of the extent of that use since at least 1996/97.
It has also evidently used the name “HUMBERSIDE AIRPORT” in relation to the internet
(e.g. by use of its domain name Humberside-
Accordingly, for the purposes of the Policy, the Expert concludes that the Complainant does have Rights in this case in respect of names or marks, which are similar to each of the Domain Names at issue in this case.
Abusive Registration
The Complainant also has to show that each Domain Name is an Abusive Registration.
Paragraph 1 of the Policy defines “Abusive Registration” as a Domain Name which either:
i. was registered or otherwise acquired in a manner, which at the time when the registration
or acquisition took place, took unfair advantage of or was unfairly detrimental to
the Complainant’s Rights; OR
ii. has been used in a manner, which took unfair advantage of or was unfairly detrimental to the Complainant’s Rights.
A non-
i. Circumstances indicating that the Respondent has registered or otherwise acquired
the Domain Name: A. primarily for the purposes of selling, renting or otherwise transferring
the Domain Name to the Complainant or to a competitor of the Complainant, for valuable
consideration in excess of the Respondent's documented out-
ii. Circumstances indicating that the Respondent is using the Domain Name in a way
which has confused people or businesses into believing that the Domain Name is registered
to, operated or authorised by, or otherwise connected with the Complainant;
iii.
In combination with other circumstances indicating that the Domain Name in dispute
is an Abusive Registration, the Complainant can demonstrate that the Respondent is
engaged in a pattern of making Abusive Registrations; or
iv. It is independently
verified that the Respondent has given false contact details to [Nominet]. Paragraph
3b of the Policy states expressly that: Failure on the Respondent's part to use the
Domain Name for the purposes of e-
The evidence in this case, which has not been contradicted directly by the Respondent,
suggests that the Respondent knowingly took the Complainant’s name(s) and registered
them in the Domain Names in anticipation and expectation that it might eventually
make a profit out of selling them back to the Complainant. The Complainant would
indeed appear to have some grounds for asserting that the Respondent’s actions amount
to passing-
In WH Smith Ltd v. Peter Colman [2001] FSR 9, the Court of Appeal, considering the
circumstances in which "without prejudice" privilege might be waived, held specifically
that: "To fall outside the protection of the "without prejudice" rule, [a] communication
had to disclose "unambiguous impropriety". Other Experts have suggested that a less
restrictive approach may be justified in DRS proceedings.
However, in the present case, the Expert is satisfied that the letter sent on behalf of the Respondent, (from Metcalfe Copeman & Pettefar) dated 26 November, 2002, in particular, provides evidence of ample impropriety by the Respondent to justify its consideration.
In this letter, the Respondent’s solicitors Metcalfe Copeman & Pettefar stated: CAN YOU BELIEVE THIS BIT?? THIS IS WHAT METCALFE COPEMAN & PETTEFAR HAD THE GALL TO WRITE ON BEHALF OF THEIR CLIENTS. . . . . WHAT A LOAD OF BOLLOCKS.
“…Our client, yesterday, carried out a search to find out what domain names were registered to your client. It was astonished to discover that humbersideinternationalairport.com was for sale on the internet. Accordingly, to safeguard your client’s interests, it purchased that domain name…” . . . . . THEY WERE DOING THEM A FAVOUR????
The letter concluded: “…Our client is willing to transfer all four names to your client for the same sum as previously offered, namely £2,000. (which went up to £4,000 the following month . .) Given what has transpired it considers that offer more than reasonable.” (called extortion)
B.S.E . . . BOVINE SOLID EXCREMENT
PERHAPS IT WAS TO PAY FOR THIS? OR DIDN’T ANYONE IN THE FIRM NOTICE he was robbing
Grannies for 5 years? I THINK SOMEONE WOULD HAVE NOTICED IF I HAD TURNED UP IN A
BENTLEY TURBO. On £33 grand a year.
Just goes to show how easy it is.
From http://www.guardian.co.uk/uk_news/story/0,,183511,00.html
Wednesday March 22, 2000
The Guardian
(Metcalfe Copeman & Pettefar) Solicitor's £175,000 theft spree
A solicitor who stole more than £175,000 from his clients to fund his passion for luxury cars has been jailed for three years and eight months. Stuart Nelson, 48, raided the accounts set up for the beneficiaries of mainly elderly widows while executing their wills and holding power of attorney over their affairs.
The cars he bought included a Bentley Turbo for £48,000 and a Jaguar XJ12 for £29,338
during his five-
A jury at Norwich crown court was discharged from giving verdicts on the remaining five charges of theft and they were ordered to remain on file. Judge David Mellor told him on Monday that he had "besmirched" his profession and brought disgrace and hardship on himself and his family.
He added: "You devoted much of your professional skills to pillaging clients' accounts and covering your tracks over a substantial period of years." The judge said that Nelson's depression was not an excuse for the thefts and an aggravating feature was that the crimes were carefully planned.
Nelson, a married father of two who was also a scoutmaster, earned £33,000 a year as a salaried partner with the law firm Metcalfe, Copeman and Pettefar in King's Lynn, Norfolk.
Nelson was dismissed from the firm where he had worked for 24 years after auditors discovered his financial irregularities. The firm said all those cheated had been reimbursed by the company's insurers. . . . Well that was handy . . . Who got the cars?
After talks I have been
asked to post this advert
by North One Television
on my sites
.

I’m off wid da money.
Live the high life see what it’s like to be a Solicitor at MCP . . Read the Metcalfe
Copeman Pettefar granny robber story .
Click logo

Catch me if you can. . . no one did for 5 yrs.
You want Metcalfe Copeman & Pettefar to take care of your interests? Protect your reputation? They can’t even look after their own or this site wouldn’t be here.


Do you believe we are entitled to good service? Do you think complaining is a good
way to get it? We are looking for people who stand up for their rights and are proud
to cause a fuss. If you have an opinion on this then please contact me for a quick
chat: at this stage we are just researching the subject, talking to us would in no
way imply a commitment to filming.
Contact
Ms Marking
Development Producer
North One
Television
46-
London N1 9HF
Want to know more about us? At North One Television (formerly Chrysalis Television
-
Are you a complainer? Do you believe we are entitled to good service? Do you think complaining is a good way to get it? A major independent television company would like to hear from you. They are looking for people who stand up for their rights and are proud to cause a fuss.
Read Solicitors Metcalfe Copeman & Pettefar;-
and the Metcalfe Copeman Pettefar granny robber story just above this.
Scroll up.
Affordable Health Insurance Information with a little mention of this site into the
bargain.
Click here.
This site www.mcp-
Colin’s sites now receive a staggering 1,000,000 hits per year
AXA Insurance go into the clairvoyance game.
Peter Hubbard Chief Executive Officer AXA Insurance,displays some remarkable gifts
of precognition. Matched only by the clairvoyant abilities of Nicholas Cooke the
broker at Henderson Insurance Brokers Ltd Peterborough.
Click here.


HOW FAMOUS DO YOU WANT TO BE Wxxxxxxx Nnnnnnn Kxxxxxxx? . . . HOW FAMOUS DO YOU WANT TO BE Iiiiiiiii Cccccccccc?
HOW MUCH PUBLICITY DO YOU WANT FFFFFFFF Eeeeee LTD NI. .?
THIS MUCH . . . WELL YOU’VE COME TO THE RIGHT PLACE. . . These sites receive over 1,000,000 hits a year between them . . . and I can make ANYBODY No 1 in the World
2006
DISCLAIMER . . Click here
My claims made on this and other web sites are based on the fact that Metcalfe Copeman
& Pettefar ( MCP Law ) refuse to answer even the most basic of questions. They should
have no reason, unless to do so would embarrass them or their clients in disclosure
of lies, connivance, and conspiracy. In exactly the same fashion as the IWG, Denniss
Matthews conspiracy. I have asked them over and over again to tell the truth but
they have declined. It is reasonable and correct therefore to make the assumptions
that I have and that are printed through out these sites. MCP Law still have the
opportunity to refute these claims if they wish . . . Provided they can prove it
that is.
In fact the reason they didn’t refute them . . . is they were true. Lisa Richardson
DID Conspire to Defraud.
Their clients DID NOT buy the property at AUCTION and they
DID know about the dispute when they AGREED to buy the property. In fact they bought
the property BECAUSE of the dispute. . . . All this has been sworn to under OATH
by Jonathan Burton Solicitor at MCP. . . . But he calls it . . . . “Was not meant
to deceive.”
2006
2008
Ridaco Developments Northern Ireland (who?) will buy your property UNSEEN . . . “NO Agent will call to INSPECT” . . We pay 10% over Guide price even if the property is falling down. Fantastic Generosity. Only through Barnett Ross the no signature required Auctioneers. Contact A ndrew Mahon NI for details.
It’s THE UNCREDIBLES.
Watch Aunty and Unc-
Visit
Barnett Ross the no deposit no identification Auctioneers. We will cross out any
contract and put a TOTALLY FICTITIOUS name in it’s place. NO SIGNATURES? NO PROBLEM.
Telephone bid but no form? Don’t despair we’ll fill it in for you. Can’t set a price?
We will bid NO MAX for you. Never mind our rules. Barnett Ross’s Steven Grossman
makes sure YOU get the property you want. Barnett Ross @ Radisson SAS Portman Hotel
is recommended by Wanker Solicitors IWG ‘s Daniel
Colin’s NEW sites
Barnett Ross the no forms required to bid Auctioneers.
Contact Andrew
Mahon NI for details.
www.barnett-
Colin’s NEW sites
Barnett Ross the no forms required to bid Auctioneers.
Contact Andrew
Mahon NI plaintiff 1’s chief fixer for details.
He knows Steven Grossman so doesn’t
have to fill out all those nasty Money Laundering forms.
Or ANY forms come to that.
www.barnett-
(Andrew Mahon
3 Pettigo Rd, Kesh,
Co
Fermanagh, NI.
02868 632102
0775 665878)
Have a word with Stevie here. He will let you bid £112,000 without having to fill
in a form or sign anything at all. You won’t even need to go to the Auction you can
do it over the phone.
v
v

Steven Grossman MRICS
sgrossman@barnettross.co.uk
Have a word with Steve about how to avoid filling in all
those nasty PROXY forms.
He’ll do them for you.
“NO MAX” bids accepted.
And he’ll
invent a name
for you too.

“MCP Law CROOKED Solicitors Granny Robbing page + Extortion Racket”
NOTICE TO ALL search engine, ISP’s, Nominet, Hosting Co’s, domain name providers
and the like. ANY adverse legal content on my sites Is AT LEAST ONE YEAR OLD but
more likely 2 years, and therefore is EXEMPT from prosecution in ANY form under UK
Law by virtue of being OUT of STATUTE. Please ignore any threats of legal action.
.They will just be ‘trying it on’..Besides it’s ALL true otherwise they would have
sued me. Google search defamation limitation.Pre-