Intercoast Investment Holdings Ltd v Advanced Techies Ltd [2005] DRS 02533 (14 June 2005)

Intercoast Investment Holdings Ltd v Advanced Techies Ltd [2005] DRS 02533 (14 June 2005)

The complainant failed to provide evidence or reasons to prove that the domain name was an abusive registration; mere assertion and citation of a trademark registration are insufficient to meet the burden of proof required by the Policy.

Citation
[2005] DRS 02533
Parties
Complainant: Intercoast Investment Holdings Limited; Respondent: Advanced Techies Ltd
Jurisdiction
United Kingdom
Judgment Date
14 June 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
complaint dismissed
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

Intercoast Investment Holdings Limited

Complainant

Advanced Techies 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 is an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The complainant failed to provide evidence or reasons to prove that the domain name was an abusive registration; mere assertion and citation of a trademark registration are insufficient to meet the burden of proof required by the Policy.

Court Disposition

complaint dismissed

Orders

  • The domain name is not an abusive registration and should not be transferred to the complainant.