Family Assurance Friendly Society Ltd -v- Active Multimedia [2003] DRS 980 (17 June 2003)

Family Assurance Friendly Society Ltd -v- Active Multimedia [2003] DRS 980 (17 June 2003)

The respondent registered and used the domain name primarily for the purpose of selling it to the complainant for valuable consideration in excess of out-of-pocket costs, taking unfair advantage of the complainant's rights and causing potential reputational damage; therefore, the registration is abusive.

Citation
[2003] DRS 980
Parties
Complainant: Family Assurance Friendly Society Limited; Respondent: Active Multimedia
Jurisdiction
United Kingdom
Judgment Date
17 June 2003
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trade Mark Infringement Passing Off Abusive Registration

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Parties

Family Assurance Friendly Society Limited

Complainant

Active Multimedia

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

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 respondent registered and used the domain name primarily for the purpose of selling it to the complainant for valuable consideration in excess of out-of-pocket costs, taking unfair advantage of the complainant's rights and causing potential reputational damage; therefore, the registration is abusive.

Court Disposition

Complaint upheld

Orders

  • The domain name familyassurance.co.uk is to be transferred to the complainant Family Assurance Friendly Society Limited.