16 October 2001

Dear Sirs,

1. We refer to the written recommendation of withheld dated 10 October 2001 in relation to the Domain Name fsa.co.uk. A copy of her recommendation is attached.
2. As you are aware, on 19 September 2001, Nominet UK took a decision under its Rules to:

• Suspend the registration of the Domain Name for a period of one month from 26 September 2001; and

• Then, in the absence of any agreement between the parties or a material change in the registrant's use of the Domain Name, to cancel the Domain Name thereafter.

3. On 24 September 2001, in accordance with the Rules Nominet received a written request from the registrant for the case to be passed to an independent expert for a written recommendation to either confirm or revoke its decision. That recommendation has now been received.
4. Withheld has recommended that Nominet UK revoke its decision of 19 September 2001.
5. In the reasons for this recommendation withheld explained that:

• Although the grounds for confusion were made out at the time of Nominet's decision the step that are being taken by the registrant to change its e-mail system will be sufficient to obviate the risk of material levels of confusion.
• It is not a safe conclusion to suggest there is no likelihood of Court action being taken. The risk of litigation is not clear and ought to be reconsidered.

6. For the reasons given by withheld in her recommendation, Nominet accepts that:

• Once the registrant has made its changes to its e-mail system the Domain Name will not be used in a manner likely to cause confusion to internet users and
• Nominet needs to reconsider its decision regarding the likelihood of Court action being commenced.

7. Therefore Nominet UK has decided to follow withheld's recommendation and has revoked its decision of 19 September 2001.

Court Action

8. Pursuant to the Rules that are in place for this dispute Nominet has the discretion to suspend or cancel a domain name when it considers there is a likelihood of legal action being commenced.
9. Nominet notes that the complainant has intimated that it may issue legal proceedings in respect of the Domain Name.
10. Nominet also notes that in spite of a lapse of approximately four years since the registration was made, the complainant has not so far issued legal proceedings.
11. Given that the registrant has taken steps to reduce the risk of confusion through e-mail use, Nominet is satisfied that at the moment it is not appropriate to exercise its discretion to suspend or cancel the Domain Name in this regard.
12. However, if the complainant does inform Nominet that it has taken this matter to the Courts then Nominet will review its decision not to suspend the delegation or cancel the registration of the Domain Name.

Final Decision

13. The registrant submitted to the independent expert that its use of the Domain Name was to have changed by 20 October 2001. Nominet has had confirmed to its satisfaction that material changes to the registrant's use of the Domain Name for the purposes of e-mail took place on 15 October 2001.
14. On the basis of the changes that have been made, for the reasons above and also for reasons given by the independent expert Nominet has decided to take no further action in the matter of the Domain Name.
15. Accordingly we confirm that we will not suspend the delegation of the Domain Name nor will we cancel the registration of the Domain Name.

Yours faithfully,