Pendragon PLC v Accomodata Ltd [2005] DRS 2865 (6 December 2005)

Pendragon PLC v Accomodata Ltd [2005] DRS 2865 (6 December 2005)

The complainant, as the sponsoring Harley-Davidson dealer, has rights in the name Surrey HOG, which is identical to the domain name. The respondent, no longer affiliated or sponsored, has no right to use the name. Continued use of the domain name by the respondent confuses members and the public, taking unfair advantage of the complainant's rights and constituting abusive registration.

Citation
[2005] DRS 2865
Parties
Complainant: Pendragon PLC; Respondent: Accomodata Ltd
Jurisdiction
United Kingdom
Judgment Date
06 December 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to the complainant
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration

Case Brief

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Parties

Pendragon PLC

Complainant

Accomodata Ltd

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant, as the sponsoring Harley-Davidson dealer, has rights in the name Surrey HOG, which is identical to the domain name. The respondent, no longer affiliated or sponsored, has no right to use the name. Continued use of the domain name by the respondent confuses members and the public, taking unfair advantage of the complainant's rights and constituting abusive registration.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • The domain name surreyhog.co.uk is to be transferred to Pendragon PLC