16-01-06 Laurent Giles have now made a complaint against us. Laurent Giles Naval Architects Ltd PO Box 130 Lymington Hampshire SO41 0YR UK (Complainant) v. Domain Names In Dispute: laurentgiles.com Peter J Tate Club de Mar Palma, Majorca 07080 Spain (Respondent) COMPLAINT IN ACCORDANCE WITH THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY [1.] This Complaint is hereby submitted for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 and approved by ICANN on October 24, 1999 (ICANN Policy), and the Rules for Uniform Domain Name Dispute Resolution Policy (ICANN Rules), adopted by ICANN on August 26, 1999 and approved by ICANN on October 24, 1999, and the National Arbitration Forum (NAF) Supplemental Rules (Supp. Rules). ICANN Rule 3(b)(i).

[2.] COMPLAINANT INFORMATION [a.] Name: Laurent Giles Naval Architects Ltd, [b.] Address PO.Box130,Lymington,Hampshire, SO41 0YR, UK [c.] Telephone:01590 641777 [d.] Fax: 01590 641888 [e.] E-Mail: bvangeffen@laurentgiles.co.uk The Complainant’s authorized representative in the administrative proceeding ICANN Rule 3(b)(ii) is Barry van Geffen The Complainant’s preferred method for communications directed to the Complainant in the administrative proceeding: ICANN Rule 3(b)(iii). Electronic-Only Material [a.] Method: E-Mail [b.] Address:bvanfeffen@laurentgiles.co.uk [c.] Contact :Barry van Geffen Material Including Hard Copy [a.] Method: Post [b.] Address: Laurent Giles Naval Architects Ltd, PO Box 130, Lymington, Hampshire, SO41 0YR, UK [c.] Contact: Barry van Geffen The Complainant chooses to have this dispute heard before a single-member administrative panel. ICANN Rule 3(b)(iv). [3.] RESPONDENT INFORMATION [a.] Name: Peter J Tate [b.] Address: Club de Mar, Palma, Majorca, Spain 07080 [c.] Telephone: (0034) 666862372 [d.] Fax: [e.] E-Mail: francesann18@hotmail.com [4.] DISPUTED DOMAIN NAME(S) [a.] The following domain name laurentgiles.com is the subject of this Complaint: ICANN Rule 3(b)(vi). [b.] Registrar Information: ICANN Rule 3(b)(vii). [i.] Registrar’s Name: register.com

[ii.] Registrar Address: Domain Registrar, 575 8th Avenue – 11th Floor, NY 10018 [iii.] Telephone Number: 902 749 2701 [iv.] E-Mail Address: domain-registrar@register.com [c.] Trademark/Service Mark Information: ICANN Rule 3(b)(viii). The name Laurent Giles is a registered trademark (registered under the trademarks act of 1964 in Great Britain and Northern Ireland no 2360490) that has been owned solely by the complainant since 07th April 2004 and is now incontestable. Registration of the mark constitutes constructive notice of rights in the mark by its owner. Apart from the rights derived from its registration, the Complainant has acquired a substantial reputation under common law by virtue of the continued use of its mark since 1927. [5.] FACTUAL AND LEGAL GROUNDS This Complaint is based on the following factual and legal grounds: The complainant asserts the following facts. The complainant Laurent Giles Naval Architects Ltd is one of the worlds leading firms of professional Yacht Designers and Naval Architects and has been continuously trading since 06/01/1989 with continuous links and legal rights to the property and reputation of both Laurent Giles Ltd and Laurent Giles & Partners Ltd the company predecessors first established in 1927 for the purpose of carrying out the profession of yacht design and in this respect is the beneficial owner of the name Laurent Giles. The complainant asserts that the name Laurent Giles has been in use continually since 1927 (with the exception of the duration of WW2) The complainant (or its legal predecessor who has legally and legitimately transferred the rights of ownership) has owned the domain name laurentgiles.co.uk since September 1998 during which time it has been fully active. The complainant celebrates an international reputation for design excellence and the name Laurent Giles is synonymous with high quality yacht and super yacht design. The Complainant has created or owns a portfolio of over 1300 different yacht designs most of which are recognised and identifiable by the name Laurent Giles. The name Laurent Giles is a registered trademark (registered under the trademarks act of 1964 in Great Britain and Northern Ireland no. 2360490) that has been owned solely by the complainant since 07th April 2004 and is now incontestable. Registration of the mark constitutes constructive notice of rights in the mark by its owner.

a. That the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; b. The Respondent has no rights or legitimate interests in respect of the domain name; c. The Domain name has been registered and is being used in bad faith. The Complainant concludes therefore, that the Respondent has made no legitimate fair use of the domain name and requests that in accordance with Paragraphs 4 the Panel orders that the domain name be transferred to the Complainant. [6.] REMEDY SOUGHT The Complainant requests that the Panel issue a decision that the domain-name registration be transferred to Laurent Giles Naval Architects Ltd. [7.] OTHER LEGAL PROCEEDINGS There are no other legal proceedings and there have been none. [8.] COMPLAINT TRANSMISSION The Complainant asserts that a copy of this Complaint, together with the cover sheet as prescribed by NAF’s Supplemental Rules, has been sent or transmitted to the Respondent (domain-name holder), in accordance with ICANN Rule 2(b). ICANN Rule 3(b)(xii); NAF Supp. Rule 4(c). [9.] MUTUAL JURISDICTION The Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the location of the principal office of the concerned registrar. [10.] CERTIFICATION Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the National Arbitration Forum and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents. Complainant certifies that the information contained in this Complaint is to the best of Complaint's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are

Apart from the rights derived from its registration, the Complainant has acquired a substantial reputation under common law by virtue of its continued use of its mark since 1927. [a.] When users arrive at the “laurentgiles.com” website, they may mistakenly believe that they are at a website sponsored by the Complainant. This type of “initial interest confusion” permits the Respondent to wrongfully capitalize on the Complainant’s goodwill in its Laurent Giles trademark to divert Internet traffic to their site. The disputed domain name is identical and confusingly similar to Complainant’s trademark because the disputed domain name incorporates the entirety of the trademark. The disputed domain name is identical and confusingly similar to Complainant’s own domain name laurentgiles.co.uk. [b.] The Respondent has no rights or legitimate interests in the contested domain name. The Respondent is not related in any way to Complainant or Complainant’s business, nor has it been commonly known under the name “Laurent Giles” or “laurentgiles”, or any combination or styling of the name. The Respondent is not affiliated to the complainant in any way and has no links with the complainant legal or otherwise. The Respondent has registered the domain name primarily for the purpose of disrupting the business activities of Laurent Giles Naval Architects Ltd. [c.] The Complainant asserts that the Respondent knew or must have known of the Complainant when registering the disputed domain name. The Complainant believes that the Respondent has no rights or legitimate interests in respect of the domain name at issue since the Respondent is not a licensee of the Complainant’s trademarks and has not been authorized in any way to use the same. The disputed domain name resolves to a website “laurentgiles.com” which sole purpose is to discredit and malign the Complainant and individuals associated with the Complainant. The Complainant contests that the respondent has registered the domain name with the sole intention of it being used in bad faith. Paragraph 4(b) of the Policy sets out some circumstances which, in particular but without limitation, shall, if found to be present by the Panel, be considered to be evidence of registration and use in bad faith. In this particular case the complainant contests that the following examples apply:

a. That the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; b. The Respondent has no rights or legitimate interests in respect of the domain name; c. The Domain name has been registered and is being used in bad faith. The Complainant concludes therefore, that the Respondent has made no legitimate fair use of the domain name and requests that in accordance with Paragraphs 4 the Panel orders that the domain name be transferred to the Complainant. [6.] REMEDY SOUGHT The Complainant requests that the Panel issue a decision that the domain-name registration be transferred to Laurent Giles Naval Architects Ltd. [7.] OTHER LEGAL PROCEEDINGS There are no other legal proceedings and there have been none. [8.] COMPLAINT TRANSMISSION The Complainant asserts that a copy of this Complaint, together with the cover sheet as prescribed by NAF’s Supplemental Rules, has been sent or transmitted to the Respondent (domain-name holder), in accordance with ICANN Rule 2(b). ICANN Rule 3(b)(xii); NAF Supp. Rule 4(c). [9.] MUTUAL JURISDICTION The Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the location of the principal office of the concerned registrar. [10.] CERTIFICATION Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the National Arbitration Forum and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents. Complainant certifies that the information contained in this Complaint is to the best of Complaint's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.