He-Shi Enterprises Ltd v Clelland [2007] DRS 4773 (3 August 2007)

The domain name was used in a manner unfairly detrimental to the complainant's rights, constituting abusive registration under the policy. The complainant is entitled to transfer of the domain name.

Citation: [2007] DRS 4773
Parties: Complainant: He-Shi Enterprises Ltd; Respondent: Andrew Clelland
Jurisdiction: United Kingdom
Judgment Date: 03 August 2007
Procedural Posture: Domain Name Dispute / Decision of Independent Expert
Outcome: Domain name transfer ordered
Legal Topics: Domain Name, Trademark, Abusive Registration

Intellectual Property Internet Law Domain Name Trademark Abusive Registration

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

He-Shi Enterprises Ltd

Complainant

Andrew Clelland

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

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

Ratio Decidendi

The domain name was used in a manner unfairly detrimental to the complainant's rights, constituting abusive registration under the policy. The complainant is entitled to transfer of the domain name.

Court Disposition

Domain name transfer ordered

Orders

Transfer of the domain name he-shi.co.uk to He-Shi Enterprises Ltd