"In relation to one further complainant, we have decided that although there is sufficient evidence for a realistic prospect of conviction, according to the Code for Crown Prosecutors, a prosecution would not be in the public interest.
Further, Complainant argues that Respondent is not commonly known by the disputed domain names even though the WHOIS information indicates that the registrant is "Goggle.com, Inc".
Further, Complainant submits screen shot evidence to show that the website resolving from the domain name looks and feels just like Complainant's official website while using a close variation of Complainant's logos.
In May last year, the Crown Prosecution Service (CPS) decided not to go ahead with criminal proceedings against Starr in relation to allegations by Ward and a further 13 complainants.
Google can choose whether to go through a hearing, which will give complainants further opportunities to present their case as well as to hear Google.
However, if the investigation further reveals the complainant was somehow involved in this, knew about this, then that could be very relevant," Sedita said.
Complainant further states that since the domain names have been subsequently transferred to a third-party with whom it has no prior dealings, the agreement was not set forth in the Complaint.
Respondent further notes that Complainant's possible motive in bringing this UDRP claim is that it has recently launched a new mobile service called "Google Goggles," and wishes to use the domain names for its own gain.
Complainant further argues that Respondent cannot claim to be offering legitimate goods and services through the domain names because it is diverting Internet users to a website that intends to copy the look and feel of Complainant's website and deceiving users into signing up for expensive text messaging plans.
"The complainant further alleges, in part, that the Silk Road Hidden Website is designed to facilitate the illicit commerce hosted on the site by providing anonymity to its users, by operating on what is known as The Onion Router or Tor network... and by requiring all transactions to be paid in bitcoins, an electronic currency designed to be as anonymous as cash".
