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Expert rules against FSA in name dispute

OUT-LAW News, 16/10/2001

A small software firm based in Bournemouth now seems set to prevail against the Financial Services Authority (FSA) in a battle over the domain name fsa.co.uk. Findlay Steele Associates, the current owner of the domain name, was last month the losing party in a decision by Nominet, the national registry for all domain names ending in .uk. However, an independent expert appointed by Nominet at the request of Findlay Steele Associates has recommended that Nominet should revoke its decision.

Findlay Steele Associates registered the name fsa.co.uk in good faith some six months before the FSA, holder of the domain name fsa.gov.uk, came into existence. However, Nominet initially reasoned that some confusion had occurred between the two names. Findlay Steele had received confidential business correspondence intended for the FSA as a result of a spelling error made by the sender, the FSA’s solicitors.

The unnamed expert reviewing the decision noted that the FSA has indicated that it might resort to court action if it loses the Nominet decision. The expert has recommended that the parties settle the case, which is likely to involve the FSA making an offer to buy the domain name. Accordingly, the expert has given the parties until 26th October to come to a “mutually acceptable arrangement regarding the use of the domain name.”

 

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