Net2Phone Inc v Wilkinson [2005] DRS 02145 (27 January 2004)

Net2Phone Inc v Wilkinson [2005] DRS 02145 (27 January 2004)

The complainant established rights in the NET2PHONE mark and proved that the respondent used the domain name to redirect to a competitor's website, which constituted use unfairly detrimental to the complainant's rights. The respondent's procedural objections and prior decision did not bar the complaint, as the abusive use occurred after the previous decision. The domain name is therefore an abusive registration and should be transferred.

Citation
[2005] DRS 02145
Parties
Complainant: Net2Phone, Inc.; Respondent: Alex Wilkinson
Jurisdiction
United Kingdom
Judgment Date
27 January 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration, Res Judicata, Procedural Compliance
Intellectual Property Information Technology Domain Name Disputes Trade Marks Abusive Registration Res Judicata Procedural Compliance

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Parties

Net2Phone, Inc.

Complainant

Alex Wilkinson

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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
  3. 3 Whether procedural defects in the response affect admissibility

Ratio Decidendi

The complainant established rights in the NET2PHONE mark and proved that the respondent used the domain name to redirect to a competitor's website, which constituted use unfairly detrimental to the complainant's rights. The respondent's procedural objections and prior decision did not bar the complaint, as the abusive use occurred after the previous decision. The domain name is therefore an abusive registration and should be transferred.

Court Disposition

Domain name to be transferred to complainant

Orders

  • Transfer of net2phone.co.uk to Net2Phone, Inc.