MySpace Inc v Total Web Solutions Ltd [2008] DRS 4962 (18 April 2008)

MySpace Inc v Total Web Solutions Ltd [2008] DRS 4962 (18 April 2008)

The Panel found that the Complainant failed to prove, on the balance of probabilities, that the Respondent's use of the domain name constituted an Abusive Registration under the Policy. The Respondent registered the domain name before the Complainant's rights arose, did not actively exploit the Complainant's reputation, and automated changes to PPC links alone did not amount to abusive use. The Complainant's rights were not wholly descriptive, but the evidence did not support a finding of abuse.

Citation
[2008] DRS 4962
Parties
Complainant/respondent: MySpace Inc; Respondent/appellant: Total Web Solutions Limited
Jurisdiction
United Kingdom
Judgment Date
18 April 2008
Procedural Posture
Domain Name Dispute (nominet DRS Appeal) / Appeal Decision
Outcome
Appeal allowed; no action on complaint
Legal Topics
Abusive Registration, Trade Mark Rights, Descriptive Terms, Domain Name Use, Passing Off
Intellectual Property Domain Name Law Abusive Registration Trade Mark Rights Descriptive Terms Domain Name Use Passing Off

Case Brief

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Parties

MySpace Inc

Complainant/respondent

Total Web Solutions Limited

Respondent/appellant

Procedural Posture

Domain Name Dispute (nominet DRS Appeal) / Appeal Decision

Legal Issues

  1. 1 Whether the domain name myspace.co.uk is an Abusive Registration under the Nominet DRS Policy
  2. 2 Whether the Complainant's rights in 'MySpace' are wholly descriptive and thus unenforceable under the Policy
  3. 3 Whether the Respondent's use of the domain name after becoming aware of the Complainant's rights constitutes abusive use

Ratio Decidendi

The Panel found that the Complainant failed to prove, on the balance of probabilities, that the Respondent's use of the domain name constituted an Abusive Registration under the Policy. The Respondent registered the domain name before the Complainant's rights arose, did not actively exploit the Complainant's reputation, and automated changes to PPC links alone did not amount to abusive use. The Complainant's rights were not wholly descriptive, but the evidence did not support a finding of abuse.

Court Disposition

Appeal allowed; no action on complaint

Orders

  • No action to be taken in respect of the Complaint