Televes UK Ltd -v- Barrington [2002] DRS 74 (10 January 2002)

Televes UK Ltd -v- Barrington [2002] DRS 74 (10 January 2002)

The complainant established rights in the TELEVES name under English common law passing off, and the respondent's use of the domain name televes.co.uk caused confusion among customers, leading them to believe the domain was operated or authorized by the complainant. The respondent's failure to respond and the evidence of deliberate confusion constituted abusive registration.

Citation
[2002] DRS 74
Parties
Complainant: Televes UK Ltd; Respondent: Adam Barrington
Jurisdiction
United Kingdom
Judgment Date
10 January 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Registration, Trade Mark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trade Mark Rights Passing Off Abusive Registration

Case Brief

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Parties

Televes UK Ltd

Complainant

Adam Barrington

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

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

Ratio Decidendi

The complainant established rights in the TELEVES name under English common law passing off, and the respondent's use of the domain name televes.co.uk caused confusion among customers, leading them to believe the domain was operated or authorized by the complainant. The respondent's failure to respond and the evidence of deliberate confusion constituted abusive registration.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name televes.co.uk is to be transferred to Televes UK Ltd.