Norton Finance (UK) Ltd v 4 Names Ltd [2008] DRS 5266 (11 February 2008)
The Complainant established rights in 'Norton Finance' and 'Norton' through registered and unregistered trade marks and goodwill. The Respondent registered and used the domain names with knowledge of the Complainant, intending to take unfair advantage, disrupt business, and cause confusion, constituting abusive registration under the Policy.
- Citation
- [2008] DRS 5266
- Parties
- Complainant: Norton Finance (UK) Limited; Respondent: 4 Names Limited
- Jurisdiction
- United Kingdom
- Judgment Date
- 11 February 2008
- Procedural Posture
- Domain Name Dispute / Decision of Independent Expert
- Outcome
- Complaint upheld
- Legal Topics
- Domain Name Disputes, Trade Mark Rights, Abusive Registration, Passing Off
Case Brief
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Parties
Norton Finance (UK) Limited
Complainant
4 Names Limited
Respondent
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Legal Issues
- 1 Whether the Complainant has rights in respect of a name or mark identical or similar to the domain names
- 2 Whether the domain names in the hands of the Respondent constitute abusive registration
Ratio Decidendi
The Complainant established rights in 'Norton Finance' and 'Norton' through registered and unregistered trade marks and goodwill. The Respondent registered and used the domain names with knowledge of the Complainant, intending to take unfair advantage, disrupt business, and cause confusion, constituting abusive registration under the Policy.
Court Disposition
Complaint upheld
Orders
- Transfer of all disputed domain names to the Complainant
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